ELR Citation: 50 ELR 20076
No(s). GLR-19-1264 (D. Md. Mar 27, 2020) (Russell, J.)

A district court granted two Baltimore solid waste incineration facilities' partial motion for summary judgment in a challenge to the Baltimore Clean Air Act (BCAA). The facilities argued the BCAA was "conflict preempted" by Maryland law because it prohibited solid waste incinerators from operating in the manner expressly authorized by the state's Title V permitting system. The court agreed, finding that the Act conflicted with state law and thus essentially invalidated the permits. By imposing emission standards, monitoring requirements, and criminal penalties that were significantly stronger than those mandated by the state, the BCAA undermined the state's authority to decide the best way to achieve compliance with NAAQS under the federal CAA. The court therefore granted the facilities' partial motion for summary judgment.