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Oral Argument Set for March in Appeal of Order Authorizing Crown Landing LNG Terminal

The U.S. Court of Appeals for the D.C. Circuit has scheduled oral arguments in Delaware Department of Natural Resources and Environmental Control (DNREC) v. FERC (Case No. 07-1007), DNREC’s appeal of the FERC order that conditionally authorized the Crown Landing LNG project. DNREC is asserting that FERC violated the Coastal Zone Management Act (CZMA) and Clean Air Act (CAA) when...

Fourth Circuit Hears Arguments on Baltimore County’s Coastal Zone Management

The U.S. Court of Appeals for the Fourth Circuit heard oral arguments yesterday on the constitutionality of Baltimore County’s Coastal Zone Management Plan, which currently prohibits in designated areas the siting of LNG facilities, including the Sparrows Point LNG terminal proposed by AES. Attorneys for both AES and Baltimore County presented arguments for over an hour before...

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...

AES Removes Baltimore County as a Defendant in Lawsuit, Hopes to Remain in Anne Arundel County

Yesterday AES removed Baltimore County as a defendant from its suit against Maryland’s Critical Areas Commission and filed a motion to keep the case in Anne Arundel County Court. This move follows a decision to remove the case involving the proposed Sparrows Point LNG regasification terminal to Baltimore County. A spokesperson for Baltimore County told the Daily Record (Md.) that...

Delaware Offers Another Appeal in the Crown Landing LNG Regulatory Proceedings

Delaware has filed an appeal of FERC’s approval of the Crown Landing LNG import terminal with U.S. Circuit Court of Appeal for the District of Columbia. According to Today’s Sunbeam (N.J.), Delaware alleges that FERC acted improperly when it approved the Crown Landing LNG terminal, since FERC did not adequately consider Delaware’s Coastal Zone Management...

U.S. Supreme Court Hears Oral Arguments on New Jersey-Delaware Border Controversy

Attorneys representing the states of New Jersey and Delaware presented oral arguments to the U.S. Supreme Court yesterday. The dispute centers on whether Delaware can prevent the construction of the Crown Landing LNG import terminal proposed for the New Jersey side of the Delaware River. Further details are available in the Philadelphia Inquirer and the official transcript of the...

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