Description: Challenge by operators of waste-to-energy facility and hospital/medical/infectious waste incineration facility to the Baltimore Clean Air Act.
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Wheelabrator Baltimore, L.P. v. Mayor & City Council of Baltimore
Case Documents:
Filing Date Type File Action Taken Summary 11/04/2020 Order Download Appeals dismissed upon consideration of stipulated motion to voluntarily dismiss. Baltimore and Incinerator Operator Settled Lawsuit over Local Air Law. The City of Baltimore and the operator of a commercial waste-to-energy facility reached a settlement that resolved a case challenging the Baltimore Clean Air Act, a 2019 ordinance that set emission limits for incinerators, including stricter emission limits than required by the facility’s Title V permit for a number of pollutants as well as emission limits for pollutants not covered by the permit, including carbon dioxide. The case was currently pending before the Fourth Circuit after a federal district court in Maryland held that Maryland law preempted the local law. The settlement agreement requires the operator to invest in emissions control upgrades that meet or exceed the limits set by the local ordinance for some pollutants; the settlement does not establish limits on carbon dioxide emissions. 11/04/2020 Settlement Agreement Download Dismissal agreement filed by the parties. 11/04/2020 Settlement Agreement Download Emissions control agreement approved by Board of Estimates. -
Wheelabrator Baltimore, L.P. v. Mayor & City Council of Baltimore
Case Documents:
Filing Date Type File Action Taken Summary 03/27/2020 Memorandum Opinion Download Plaintiffs' motion for partial summary judgment granted; City's partial motion for summary judgment denied; City's motion to dismiss granted in part and denied in part. 04/30/2019 Complaint Download Complaint filed. Lawsuit Challenging Baltimore Clean Air Act Alleged That Law Would Lead to Increased Methane Emissions. The operators of a waste-to-energy facility and a hospital/medical/infectious waste incineration facility and three other plaintiffs filed a lawsuit in federal court in Maryland challenging a City of Baltimore ordinance, the Baltimore Clean Air Act, that the plaintiffs allege was a “targeted attempt” to shut down the plaintiffs’ facilities. The complaint alleged that the closure of the facilities would have negative environmental effects, including increased methane emissions from decomposition of waste in landfills. The plaintiffs asserted that the ordinance was preempted by federal and State law, that the ordinance was an ultra vires act, and that it violated the U.S. and Maryland constitutions.