DEPT. OF ENV. v. ASSATEAGUE COASTAL TRUST

No. 11 September Term, 2022.

299 A.3d 619 (2023)

484 Md. 399

MARYLAND DEPARTMENT OF THE ENVIRONMENT v. ASSATEAGUE COASTAL TRUST.

Supreme Court of Maryland.

August 9, 2023.


Attorney(s) appearing for the Case

Argued by Matthew Standeven, Asst. Atty. Gen. (Atty. Gen. of Maryland, Baltimore, MD), on brief, for Appellant/Cross-Appellee.

Argued by David L. Reed (Evan Isaacson, Chesapeake Legal Alliance, Annapolis, MD), on brief, for Appellee/Cross-Appellant.

Amicus Curiae U.S. Poultry & Egg Association: Peter C. Hershey, Esquire, Jeffrey F. Hershey, Esquire, Timothy R. Henderson, Esquire, Rich & Henderson, P.C., 2661 Riva Road, Bldg. 300 1st Floor, Annapolis, MD 21401.

Amicus Curiae Environmental Integrity Project: Abel Russ, Esquire, Sanghyun Lee, Esquire, Environmental Integrity Project, 1000 Vermont Ave. NW, Suite 1100, Washington, DC 20005.

Amicus Curiae Atlantic Coast Sportsfishing Association, Inc.: Sandra P. Franco, Esquire, Franco Environmental Law LLC, 600 Pennsylvania Avenue, SE, Unit 15577, Washington, DC 20003.

Amici Curiae Delmarva Chicken Association, Maryland Dairy Industry Association, Inc., Maryland Farm Bureau, Inc., Maryland Grain Producers Association, Maryland Pork Producers Association, and Horizon Farm Credit: Anthony G. Gorski, Esquire, The Law Office of Anthony G. Gorski LLC, 2661 Riva Road, Building 300, 1st Floor, Annapolis, MD 21401.

Argued before: Fader, C.J., Watts, Hotten, Booth, Biran, Gould, Eaves, JJ.


This appeal concerns judicial review of the most recent iteration of a general discharge permit that the Maryland Department of the Environment (the "Department" or "MDE") issued to Animal Feeding Operations ("AFOs") in connection with its authority to issue water pollution control permits under the federal Clean Water Act

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