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AES Sparrows Point LNG, Ltd. Liab. Co. v. Smith

ELR Citation: 37 ELR 20161
Nos. No. RDB-07-325, (D. Md., 06/22/2007)

A court an amendment to a county zoning regulation that prohibits the siting of liquefied natural gas facilities in the Chesapeake Bay Critical Areas of Baltimore County, Maryland. The amendment is not preempted by the Natural Gas Act and is within the delegated authority of the state of Maryland and Baltimore County under the state's Coastal Zone Management Act, which was approved by the U.S. Secretary of Commerce in 1978. Nor does the amendment discriminate on its face or unduly burden interstate and foreign commerce in violation of the dormant Commerce Clause.