Fourth Circuit Denies Sparrows Point LNG’s Petition for Review of Maryland’s Decision on Water Permit

Yesterday a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit unanimously denied the appeal filed by AES Sparrows Point LNG, LLC and Mid-Atlantic Express, LLC. The two companies had petitioned the court to review a decision by the Maryland Department of the Environment to deny a water quality certification for the dredging operations planned as part of the construction of the LNG terminal. The Fourth Circuit rejected AES Sparrows Point LNG’s argument that Maryland waived its right to deny the water quality certification by filing its denial out of time and determined that the agency’s action was not arbitrary and capricious. The court’s opinion is available in the PACER system under Docket No. 09-1539. The Baltimore Sun offers additional coverage.

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