A federal administrative board unlawfully usurped Maryland’s authority and said it could review state air permits for US Wind’s offshore wind project, according to a brief filed in the Fourth Circuit.
The federal Environmental Appeals Board wrongly interpreted the Clean Air Act when it asserted jurisdiction over Ocean City’s challenge to preconstruction permits issued by the state Department of the Environment, the developer said in a brief filed Wednesday in the US Court of Appeals for the Fourth Circuit.
The law states that air permitting requirements for sources located within 25 miles of a state coastline must be the same ...
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