Baltimore is no longer challenging a lower court’s finding that the city’s Clean Air Act is preempted by federal and state air and solid waste laws, according to motion to dismiss approved by the Fourth Circuit.
The U.S. District Court for the District of Maryland ruled in March that the Baltimore Clean Air Act bans or criminalizes conduct that’s allowed under state permits. The ruling comes as a win for two waste incineration facilities that said the ordinance imposes low emissions limits and requires monitoring for pollutants that aren’t listed under state permits.
Baltimore’s mayor and city council argued the ...
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