United States Fourth Circuit

Summary judgment for defendants in a case alleging preemption by the Natural Gas Act of Baltimore County's Bill 9-07 prohibiting the siting of any liquefied natural gas terminal in the County's Chesapeake Bay Critical Area is reversed where: 1) Bill 9-07 is an "amendment" of Maryland's Coastal Zone Management Plan (CMP) because it imposes a categorical ban on LNG terminals that the CMP did not previously contain; and 2) Bill 9-07 is preempted by the NGA until the National Oceanic and Atmospheric Administration approves the bill.

Appellate Information

• Decided 05/19/2008
• Published 05/19/2008

Judges

• Before WILLIAMS, Chief Judge, SHEDD, Circuit Judge, and LIAM O'GRADY, United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jeffrey A. Lamken, Baker Botts, L.L.P., Washington, D.C., for Appellants.  John Edward Beverungen, County Attorney, Baltimore County Office of Law, Towson, Maryland, for Appellees.   ON BRIEF:  James W. Bartlett, III, Scott H. Phillips, Semmes, Bowen & Semmes, Baltimore, Maryland;  Randolph Q. McManus, Mark Cook, Michael G. Pattillo, Jr., Adam J. White, Rachel M. McKenzie, Baker Botts, L.L.P., Washington, D.C., for Appellants.  Jeffrey Grant Cook, Assistant County Attorney, Baltimore County Office of Law, Towson, Maryland, for Appellees.