Justia Environmental Law Opinion Summaries

Articles Posted in Maryland Court of Appeals
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The Court of Appeals held that the Forest Conservation Act of 1991 (the Act) and regulations promulgated by the Maryland Department of Natural Resources (DNR) required a right to appeal the approval of a forest conservation plan and that a county agency's approval of a forest conservation plan is a "final decision" for appeal purposes.At issue before the Court of Appeals was whether the approval of a forest conservation plan, as well as an associated waiver that authorizers a developer to remove trees that would otherwise be protected under the Act, is a final agency decision subject to independent judicial review under the Harford County Forest Conservation Program. The Court of Appeals reversed the decision of the court of special appeals with directions to remand the case for further proceedings in the circuit court, holding that the Act and regulations promulgated by DNR require a right to appeal the approval of a forest conservation plan and that a county agency's approval of a forest conservation plan is a "final decision" for appeal purposes. View "Chesapeake Bay Foundation, Inc. v. CREG Westport I, LLC" on Justia Law

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The Court of Appeals affirmed the decisions of the lower courts affirming a general permit that the Maryland Department of the Environment issued for operators of thirty-five small municipal separate storm sewer systems (MS4s) in Maryland, including Petitioner Queen Anne's County, which operated a small MS4, holding that conditions based on regulations of the Environmental Protection Agency (EPA) in the general permit for small MS4s are not unlawful simply because they may exceed the minimum requirements of the Clean Water Act.In Maryland Department of the Environment v. County Commissioners of Carroll County, 140 S. Ct. 1265 (2020), the Court of Appeals held that permits issued to counties that operated MS4s were lawful even if some permit conditions exceeded the minimum requirements of the Act. In the instant case, the circuit court for Queen Anne's County concluded that the decision in Carroll County addressed the issues raised by the County and affirmed the permit. The court of special appeals affirmed. The Court of Appeals affirmed, holding (1) the holdings of Carroll County applied in this case; and (2) an impervious surface restoration requirement in the permit, which was similar to but less onerous than a permit requirement assessed in Carroll County, did not unlawfully make the County responsible for discharges by third parties. View "Small MS4 Coalition v. Department of Environment" on Justia Law

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The Court of Appeals affirmed in part and reversed in part the judgments of the circuit courts in this consolidated appeal concerning judicial review of the most recent permits issued to Carroll County and Frederick County under the Clean Water Act and a parallel Maryland regulatory scheme, holding that the Maryland Department of the Environment did not exceed its authority when it issued the permits and did not act arbitrarily or capriciously in including the challenged terms in the merits.Specifically, the Court of Appeals held (1) the Department may lawfully include an impervious surface restoration requirement in a municipal separate storm sewer system (MS4) discharge permit without reference to the maximum extent practicable standard; (2) the Department may lawfully include an impervious surface restoration requirement in an MS4 permit; (3) the Department had authority to treat Frederick County and Carroll County as phase I jurisdictions for purposes of their MS4 permits; (4) it was not arbitrary or capricious for the Department to refrain from including "water quality trading" as a compliance method for MS4 permittees; and (5) an ambiguous provision in the Carroll County MS4 permit did not transfer the responsibilities of other agencies to the County. View "Department of Environment v. County Commissioners of Carroll County" on Justia Law

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Kor-Ko, Ltd. sought to overturn the Maryland Department of the Environment’s (MDE) grant of a construction permit to Maryland Crematory, LLC (MC) to operate a crematorium in the same commercial park building containing Kor-Ko’s business operations. Kor-Ko argued that the MDE failed to adequately consider the health of people within the park due to the emissions to the air from the operation of the crematorium. The Court of Special Appeals affirmed the MDE’s issuance of the permit. The Court of Appeals affirmed, holding that the MDE’s issuance of the permit to construct MC’s incinerator was permissible because (1) the MDE’s interpretation of “premises” as extending to the property line of the commercial park was free of legal error; and (2) the MDE’s application of the term vis-a-vis allowing the modeling of toxins at the property line was not arbitrary or capricious. View "Kor-Ko Ltd. v. Department of Environment" on Justia Law

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The Maryland Critical Area law establishes a cooperative program with local jurisdictions to ensure that land near Chesapeake Bay and the Atlantic coastal bays has special protection against development that might cause environmental damage. Although the law allows a property owner to seek a variance, it places the burden of proof on the applicant to demonstrate that the applicant would suffer an “unwarranted hardship” without the variance and that granting the variance will not have an adverse environmental impact. Schwalbach sought a variance from a Worcester County ordinance that limits piers to 100 feet in length, in order to access navigable water from his waterfront property in a community where piers and boating are common. Schwalbach obtained necessary federal, state, and local environmental agency approvals. The County Board of Zoning Appeals granted the variance. The Circuit Court, the Court of Special Appeals, and the Maryland Court of Appeals upheld the approval.Schwalbach was not required to show that he would be denied all reasonable and significant use of his land without the variance, but rather that he would be denied a reasonable and significant use throughout the entire property. There was sufficient evidence to conclude that Schwalbach satisfied that standard and the standard that there be no adverse environmental impact from granting the variance. View "Assateague Coastal Trust v. Schwalbach" on Justia Law

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At issue in this case were municipal separate storm sewer system discharge permits the Maryland Department of the Environment (MDE) most recently issued to several counties and one city (collectively, the Counties). Multiple organizations challenged the permits in several respects, including (1) the requirement to restore impervious surface area, (2) the requirement to submit plans for total maximum daily loads (TMDLs), (3) the monitoring requirements, and (4) the public’s ability to participate in the development of the permits. The Supreme Court upheld the MDE’s decision to issue the permits on all grounds, holding (1) the MDE’s decision to include a twenty percent restoration requirement in the permits was supported by substantial evidence and was not arbitrary and capricious; (2) the MDE’s requirement that the Counties submit plans for all Environmental Protection Agency-approved TMDLs one year after the issuance of the permits complied with 40 C.F.R. 122.44(d)(1)(vii)(B); (3) the MDE’s monitoring scheme is sufficient to comply with the applicable federal regulations; and (4) the permits satisfy public participation requirements. View "Dep’t of Env’t v. Anacostia Riverkeeper" on Justia Law

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Petitioner was a waterman with a commercial license to harvest clams. As Petitioner was clamming in 2011, a Department of Natural Resources (DNR) police sargeant cited Petitioner for using a hydraulic claim dredge (HCD) in a submerged aquatic vegetation (SAV) protection zone in violation of Md. Code Nat. Res. 4-1006.1(e)(3). The district court later convicted Petitioner of violating section 4-1006.1 and imposed a criminal fine and costs. The circuit court, sitting as an appellate court, affirmed. Petitioner filed a petition for a writ of certiorari, contending that he could not be prosecuted for using the HCD in the SAV zone because DNR failed to fulfill its obligation under section 4-1006.1(e)(3) to "publish, by public notice, delineations of SAV protection zones and revisions to SAV protection zones." The Supreme Court reversed, holding (1) a violation of section 4-1006.1 is not a strict liability crime, and a prosecution for using an HCD in an SAV zone can only be maintained if the State establishes that DNR complied with section 4-1006.1(e)(3); and (2) in the instant case, the State failed to prove that DNR complied with section 4-1006.1(e)(3), and therefore, Petitioner's conviction could not stand. View "Lowery v. State" on Justia Law

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Dozens of Jacksonville, Maryland households (Respondents) brought suit against Exxon Mobil Corporation for damages from an underground gasoline leak from an Exxon-owned gasoline service station that leaked approximately 26,000 gallons into the underground aquifer and contaminated wells supplying water to a number of households. Respondents sought compensatory and punitive damages based on allegations of fraudulent concealment, strict liability, trespass, punitive nuisance, and negligence. The jury returned a verdict in favor of Exxon with respect to the fraudulent concealment and punitive damages claims but found in favor of Respondents as to all other claims for compensatory damages. Exxon appealed, challenging the sufficiency of the evidence supporting the awards for complete diminution of property value, damages for emotional distress, and damages for future medical monitoring costs. The court of special appeals affirmed in part and reversed in part, reducing the $147 million in damages awarded to Respondents by more than half. The Court of Appeals reversed the judgments in favor of Respondents for diminution in property value, emotional distress, and medical monitoring, holding that the evidence was insufficient to support to the awards for these claims. Remanded. View "Exxon Mobil Corp. v. Ford" on Justia Law

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In 2006, Exxon Mobil Corporation reported a leak of approximately 26,000 gallons of gasoline from the underground tanks at its fueling station in Jacksonville, Maryland. Hundreds of residents and business proprietors of Jacksonville (Appellees) subsequently filed suit against Exxon for damages stemming from the contamination of their water supply, other consequential effects, and alleged misrepresentations by Exxon. The jury awarded $496,210,570 in compensatory damages and $1,045,550,000 in punitive damages for Appellees. Exxon appealed both damages awards as to all recovering Appellees. The Court of Appeals (1) reversed the judgments in favor of all Appellees for fraud, emotional distress for fear of contracting cancer, medical monitoring, and emotional distress for fear of loss of property value, holding that Appellees did not prove by clear and convincing evidence Exxon's liability as to these claims; and (2) reversed the judgments for loss of use and enjoyment and for diminution in value of real property in favor of certain Appellees and affirmed as to the others. View "Exxon Mobil Corp. v. Albright" on Justia Law

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This was an action for judicial review to determine whether the Maryland Board of Public Works committed legal error in denying, by a two-to-one vote, Respondent's application for a license to fill and dredge on certain State wetlands. The circuit court concluded that the Board did err, by basing its decision on considerations outside the lawful scope of its discretion, and reversed the Board's decision. The Court of Appeals vacated the circuit court's judgment and remanded with instructions to vacate the Board's decision and remand the case to the Board, holding that the Board, through its majority vote, committed legal error by basing its decision on factors outside the scope of its authority and discretion. View "Bd. of Pub. Works v. K. Hovanian's Four Seasons" on Justia Law