New law grants residents more power to protect environment
Gazette.net
‘Standings' legislation expands who can take polluters to court
Maryland residents now have greater powers to challenge polluters in court, thanks to legislation that took effect at the start of the year.
At the same time, the new law removes some administrative hurdles the business community found burdensome, said Sen. Brian E. Frosh (D-Dist. 16), one of the sponsors of the legislation.
"Basically for many years, there have been situations in which somebody pollutes or violates a permit that gives them a limited right to pollute, and there's nobody in state of Maryland or anyone else who has the right to go court to say cut it out," Frosh said.
Before the law passed, parties would need "standing" to bring a case against a polluter, which means they would have to have a specific interest or property right that has been affected.
The law brings Maryland into compliance with federal standards, which grant standing to organizations and others.
"The way the law is now, there's a lot more parity between what you can do federally and what you can do at the state," said Jennifer Bevan-Dangel, deputy director of 1000 Friends of Maryland, a coalition of businesses and environmental groups that describes itself as "dedicated to preserving what is best about Maryland to encourage sensible growth."
Bevan-Dangel said the new law covers major permits, such as those issued for wastewater treatment, and decisions of the Critical Areas Commission, a panel that decides development within 1,000 feet of Chesapeake Bay and its tributaries.
As proposed, the business community had concerns with the bill, but after heavy amendments, trade-offs balanced the new trial rights.
The legislation eases the permitting process with the Maryland Department of the Environment by limiting who can contest cases before the agency to those who are truly aggrieved, said Allyson Black, vice president for governmental affairs at the Maryland Chamber of Commerce.
