Fourth Circuit to Test Constitutionality of Coastal Zone Management Plan
The U.S. Court of Appeals for the Fourth Circuit will hear arguments today on whether Baltimore County exceeded its powers under the Coastal Zone Management Act when it effectively prohibited the siting of LNG facilities, including the proposed Sparrows Point LNG terminal, last February. While a federal district court judge ruled in favor of the county in June, the Fourth Circuit’s decision could impact the siting of LNG and other facilities nationwide. AES, sponsor of the Sparrows Point project, will argue the case in federal court in Richmond, Va., at the same time it awaits permission from the Federal Energy Regulatory Commission, the Army Corps of Engineers, and pursues a related appeal with the U.S. Commerce Department. The Baltimore Sun has more details.