Baltimore Clean Air Act Lawsuit

NOTE: Bold items are the key documents. Plaintiff (industry) filings are shaded in beige. Defendant (city) filings are in light green. Filings from the court are in grey. Amicus filings from the “Local Government Coalition for Renewable Energy” (local governments with trash incinerators) are in pink, and Energy Justice Network is in blue. 43
Date Filed#Document
4/30/20191Complaint
Civil Cover Sheet
Exhibit A – Baltimore Clean Air Act
Exhibit B – Wheelabrator Title V permit
Exhibit C – MDE Letter to EPA Submitting Maryland’s State Implementation Program (SIP)
Exhibit D – Curtis Bay Energy Title V permit
Exhibit E – Baltimore DPW Memorandum to Baltimore City Council, dated January 28, 2019
Exhibit F – Baltimore DPW Fiscal Analysis of Possible Impacts of City Council Bill 18-0306, dated February 2019
Exhibit G – Wheelabrator Baltimore’s Refuse Disposal Permit (No. 2016-WTE-0030)
Exhibit H – Curtis Bay’s Refuse Disposal Permit (No. 2017-WMI-0036)
Summons
4/30/20192Summons
5/1/20193Disclosure Statement – Curtis Bay Energy
5/1/20194Disclosure Statement – Wheelabrator Baltimore
5/1/20195Disclosure Statement – Energy Recovery Council
5/1/20196Disclosure Statement – National Waste and Recycling Association
5/1/20197Disclosure Statement – TMS Hauling
5/6/20198Summons Return Executed
5/6/20199Motion for Admission Pro Hac Vice – James B. Slaughter, Atty for Wheelabrator and Energy Recovery Council
5/6/201910Motion for Admission Pro Hac Vice – David Friedland, Atty for Wheelabrator and Energy Recovery Council
5/6/201911Motion for Admission Pro Hac Vice – Joshua H. Van Eaton, Atty for Wheelabrator and Energy Recovery Council
5/6/201912Motion for Admission Pro Hac Vice – Meghan L. Morgan, Atty for Wheelabrator and Energy Recovery Council
5/10/201913Order on Motion to Appear Pro Hac Vice
5/10/201914Order on Motion to Appear Pro Hac Vice
5/10/201915Order on Motion to Appear Pro Hac Vice
5/10/201916Order on Motion to Appear Pro Hac Vice
5/16/201917Notice of Appearance
5/16/201918Motion to Extend Time
Text of Proposed Order
5/16/201919Order on Motion to Extend Time
7/15/201920Request for Conference
7/17/201921Notice of Appearance for City
7/17/201922QC Notice – Miscellaneous
7/18/2019Telephone Conference
7/18/201923Order
7/18/201924Order Referring Case to Magistrate Judge
7/19/201925Status Report
7/22/201926Order
7/22/201927Notice of Appearance for city
7/22/201928Order
7/22/201929Notice of Appearance for city
7/22/201930Motion to Dismiss for Failure to State a Claim
Memo in Support
Exhibit
Text of Proposed Order
7/23/201931City proposed briefing schedule
7/24/201932Order (schedule)
8/2/2019Add and Terminate Judges
8/6/201933Transcript (not available)
8/16/201934Memo in Opposition to Motion to Dismiss
Exhibit A (Wheelabrator’s permit limits)
Exhibit B (Curtis Bay Energy’s permit limits)
8/23/201935Motion for Partial Summary Judgment
Memo
Exhibit A – Baltimore County’s 1982 Subdivision User Contract, dated November 3, 1982
Exhibit B – Wheelabrator Baltimore’s Title V permit, dated April 1, 2014
Exhibit C – Wheelabrator Baltimore’s Waste Disposal Agreement, dated June 22, 2011
Exhibit D – Baltimore City’s 2011 Subdivision User Contract, dated June 22, 2011
Exhibit E – Baltimore City’s Solid Waste Management Plan for 2013-2023
Exhibit F – Curtis Bay’s Title V permit, dated May 1, 2019
Exhibit G – Table 1, Emission Limits Applicable to Wheelabrator Baltimore
Exhibit H – Table 2, Emission Limits Applicable to Curtis Bay
Exhibit I – Baltimore City Council Resolution 17-0034R (NOx)
Exhibit J – Baltimore City Council Resolution 18-0101R (NOx)
Exhibit K – Memorandum Regarding City Council Bill 09-0400, City of Baltimore Department of Law, dated December 9, 2009
Exhibit L – Wheelabrator Baltimore’s Refuse Disposal Permit, dated March 3, 2017
Exhibit M – Curtis Bay’s Refuse Disposal Permit, dated June 13, 2017
Exhibit N – Baltimore City’s DPW Memorandum to Baltimore City Council, dated January 28, 2019
Exhibit O – Baltimore City’s DPW Fiscal Analysis of Possible Impacts of City Council Bill 18-0306, dated February 2019
Exhibit P – Baltimore City Health Code §8-110, et seq.
8/30/201936Local Government Coalition for Renewable Energy – Amicus Curiae brief
Motion for leave to file Amicus Curiae
9/13/201937City Opposition to Amicus filing of Local Government Coalition for Renewable Energy
9/20/201938Reply Memo in Support of City’s Motion to Dismiss
10/15/201939City’s Cross-motion for Partial Summary Judgment and Opposition to Plaintiffs’ Motion for Partial Summary Judgment
Exhibit A – J.B. Kitto, Jr., et al., World Class Technology for the Newest Waste-to-Energy Plant in the United States – Palm Beach Renewable Energy Facility No. 2 (Dec. 13, 2016)
Exhibit B – MDE Air Quality Control Advisory Council – Agenda, Minutes, and Exhibits (Dec. 11, 2017)
Exhibit C-1 – MDE Technical Support Document for Amendments to COMAR 26.11.08 – Control of Incinerators (Aug. 14, 2018)
Exhibit C-2 – “White Paper on Control Technologies and OTC State Regulations for Nitrogen Oxides (NOx) Emissions from Eight Source Categories,” Stationary Area Sources Committee, 2/10/2017
Exhibit C-3 – Motion by Energy Answers Baltimore, LLC, to Amend the Construction Commencement Deadline in its Certificate of Public Convenience and Necessity, Supplemental Environmental Review Document DRAFT, June 2012
Exhibit D – Md. Register 45:17 (Aug. 17, 2018)
Exhibit E – MDE Response to Comments related to Amendments to COMAR 26.11.01 et seq. (Sept. 21, 2018)
Exhibit F – Md. Register 45:24 (Nov. 26, 2018)
Exhibit G – MDE NOx Reasonably Available Control Technology State Implementation Plan (July 2, 2018)
Exhibit H – U.S. EPA “Mercury CEMS and Sorbent Trap System Certification Under New Rules” (Jan. 29, 2015)
Exhibit I – Dr. Nenad Sarunac, “Evaluation and Comparison of U.S. and EU Reference Methods for Measurement of Mercury, Heavy Metals, PM2.5 and PM10 Emissions from Fossil-Fired Power Plants” (Executive Summary) (Feb. 2007).
Exhibit J – U.S. EPA Environmental Technology Verification Program – Dioxin Emission Monitoring Systems (Feb. 2007)
Exhibit K – MDE Air Quality Control Advisory Council
Exhibit L – Todd R. Chason, Gordon Feinblatt LLC
Exhibit M – State Ethics Commission – Employer List (Nov. 15, 2018)
10/22/201940Energy Justice Network – Amicus Curiae brief
Motion for leave to file Amicus Curiae
10/22/201941Disclosure Statement – Energy Justice Network
10/31/201943QC Notice – Miscellaneous (the industry lawyers filed incorrectly and had to refile, which is why there’s no #42)
10/31/201944Reply in Support of Plaintiffs’ Motion for Partial Summary Judgment and Opposition to Defendant’s Cross-Motion for Partial Summary Judgment
Exhibit Q – Declaration of Timothy Porter
Exhibit R – Palm Beach Renewable Energy Facility’s Title V permit, dated January 30, 2019
Exhibit S: Palm Beach Renewable Energy Facility’s Final Air Construction Permit, dated November 8, 2018
Exhibit T: City of Baltimore, Department of Public Works, Memorandum to Baltimore City Council dated January 28, 2019 [this document was previously designated as Plaintiffs’ MSJ Exhibit N, but the document itself was inadvertently omitted from Plaintiffs’ prior ECF submission on August 23, 2019]
Exhibit U: Baltimore City Council Resolution 17-0029R
Exhibit V: Baltimore City Council Resolution 18-0086R
11/14/2019Reply in Support of Cross-Motion for Partial Summary Judgment