United States Fourth Circuit

Petition for review of the State of Maryland Department of the Environment's denial of a request for water quality certification, involving a proposed large-scale liquefied natural gas marine import terminal and pipeline project, is denied where: 1) Maryland waived any potential claim of sovereign immunity in connection with the present petition for review by expressly consenting to defending, in federal court, its decision to deny AES's Request for section 401(a)(1) Water Quality Certification; and 2) AES failed to establish any basis to disturb the Army Corps of Engineers' determination that Maryland had not waived its right to grant or deny AES's section 401(a)(1) Certification Request.

Appellate Information

• Decided 12/22/2009
• Published 12/22/2009

Judges

• Before TRAXLER, Chief Judge, HAMILTON, Senior Circuit Judge, and Mark S. DAVIS, 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, LLP, Washington, D.C., for Petitioners.  Adam Dean Snyder, Office of the Attorney General of Maryland, Baltimore, Maryland, for Respondents.   ON BRIEF:  G. Mark Cook, Jessica A. Fore, Adam J. White, Emil J. Barth, Baker Botts, LLP, Washington, DC, for Petitioners.  Douglas F. Gansler, Attorney General of Maryland, Emily A. Vainieri, Assistant Attorney General, Office of the Attorney General of Maryland, Baltimore, Maryland, for Respondents.