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Pitman v. Washington Suburban Sanitary Comm'n

Citation: 7 ELR 20292
No. No. 100, 368 A.2d 473/279 Md. 313, (Md., 02/03/1977)

The Washington Suburban Sanitary Commission was not required to prepare an environmental effects report under the Maryland Environmental Policy Act before purchasing a tract of land for use as a disposal site for sewage sludge. Acquisition of the land was not a "proposed state action" within the meaning of the Act. The statute defines that term as "requests for legislative appropriations or other legislative actions," and the entire purchase price of the tract was to be raised from the proceeds of the Commission's own bond issue. Since the Commission made no request for an "appropriation" or "other legislative action" to the state legislature, it was not required to prepare a report under the statute. Plaintiffs' contention, that an "appropriation" by the Prince George's and Montgomery County Councils was requested, would, even if true, be unavailing since the Act refers only to action by the Maryland General Assembly.

Counsel for Plaintiffs
Timothy Guy Casey, Howard J. Thomas
Bradshaw, Thomas & Yeatman
401 Eig Bldg., 8641 Colesville Rd., Silver Spring MD 20910
(301) 565-2130

Counsel for Defendants
Warren K. Rich, Ass't Attorney General
Tawes State Office Bldg., Annapolis MD 21401
(301) 267-1251

Paul T. Sisson, General Counsel; J. Eugene Cleary, Ass't General Counsel
Washington Suburban Sanitary Commission
4017 Hamilton St., Hyattsville MD 20781
(301) 277-7700

Richard J. McKernon, County Attorney; Nathan J. Greenbaum, Ass't County Attorney
County Office Bldg., Rockville MD 20850
(301) 279-1346

Argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and ORTH, JJ.