This case was heard and decided by Federal District Judge George L. Russell, III. An appeal by the city, and cross-appeal by industry, has been filed with the Fourth Circuit Court of Appeals.

Bold items are the key documents. A color-coded version is available here.

US District Court – Maryland

Date Filed	#	Document
4/30/2019	1	Complaint
		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
4/30/2019	2	Summons
5/1/2019	3	Disclosure Statement – Curtis Bay Energy
5/1/2019	4	Disclosure Statement – Wheelabrator Baltimore
5/1/2019	5	Disclosure Statement – Energy Recovery Council
5/1/2019	6	Disclosure Statement – National Waste and Recycling Association
5/1/2019	7	Disclosure Statement – TMS Hauling
5/6/2019	8	Summons Return Executed
5/6/2019	9	Motion for Admission Pro Hac Vice – James B. Slaughter, Atty for Wheelabrator and Energy Recovery Council
5/6/2019	10	Motion for Admission Pro Hac Vice – David Friedland, Atty for Wheelabrator and Energy Recovery Council
5/6/2019	11	Motion for Admission Pro Hac Vice – Joshua H. Van Eaton, Atty for Wheelabrator and Energy Recovery Council
5/6/2019	12	Motion for Admission Pro Hac Vice – Meghan L. Morgan, Atty for Wheelabrator and Energy Recovery Council
5/10/2019	13	Order on Motion to Appear Pro Hac Vice
5/10/2019	14	Order on Motion to Appear Pro Hac Vice
5/10/2019	15	Order on Motion to Appear Pro Hac Vice
5/10/2019	16	Order on Motion to Appear Pro Hac Vice
5/16/2019	17	Notice of Appearance
5/16/2019	18	Motion to Extend Time
		Text of Proposed Order
5/16/2019	19	Order on Motion to Extend Time
7/15/2019	20	Request for Conference
7/17/2019	21	Notice of Appearance for City
7/17/2019	22	QC Notice – Miscellaneous
7/18/2019		Telephone Conference
7/18/2019	23	Order
7/18/2019	24	Order Referring Case to Magistrate Judge
7/19/2019	25	Status Report
7/22/2019	26	Order
7/22/2019	27	Notice of Appearance for city
7/22/2019	28	Order
7/22/2019	29	Notice of Appearance for city
7/22/2019	30	Motion to Dismiss for Failure to State a Claim
		Memo in Support
		Exhibit
		Text of Proposed Order
7/23/2019	31	City proposed briefing schedule
7/24/2019	32	Order (schedule)
8/2/2019		Add and Terminate Judges
8/6/2019	33	Transcript (not available)
8/16/2019	34	Memo in Opposition to Motion to Dismiss
		Exhibit A (Wheelabrator’s permit limits)
		Exhibit B (Curtis Bay Energy’s permit limits)
8/23/2019	35	Motion 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.
8/30/2019	36	Local Government Coalition for Renewable Energy – Amicus Curiae brief
		Motion for leave to file Amicus Curiae
9/13/2019	37	City Opposition to Amicus filing of Local Government Coalition for Renewable Energy
9/20/2019	38	Reply Memo in Support of City’s Motion to Dismiss
10/15/2019	39	City’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)
10/22/2019	40	Energy Justice Network – Amicus Curiae brief
		Motion for leave to file Amicus Curiae
10/22/2019	41	Disclosure Statement – Energy Justice Network
10/31/2019	43	QC Notice – Miscellaneous (the industry lawyers filed incorrectly and had to refile, which is why there’s no #42)
10/31/2019	44	Reply 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
11/14/2019	45	Reply in Support of Cross-Motion for Partial Summary Judgment
11/19/2019	46	Motion to Withdraw as Attorney (Thomas Webb for City)
11/20/2019	47	Correction of earlier submission
11/20/2019	47	Exhibit Q (revised)
11/21/2019	48	Order on Motion to Withdraw as Attorney
1/16/2020	49	Request for Conference
1/21/2020	50	NOTICE re [49] Request for Conference. The Court will conduct a telephone conference on Wednesday, January 29, 2020 at XXXX between Plaintiffs’ and Defendant’s counsel. Plaintiffs’ counsel is requested to initiate the call to [XXX-XXX-XXXX]. Counsel are advised, in addition to other issues, the call will address whether the City opposes a Stay of the “Act” pending resolution of the motions. (dafs, Chambers)
1/29/2020	50	Telephone Conference
1/29/2020	51	Order
3/27/2020	52	Memorandum Opinion
3/27/2020	53	Order on Motion to Dismiss for Failure to State a Claim
4/16/2020	54	Motion to Withdraw as Attorney
4/17/2020	55	Order on Motion to Withdraw as Attorney
4/21/2020	56	Notice of Appearance
4/22/2020	57	Notice of Appearance
4/22/2020	58	Notice of Appearance
4/22/2020	59	Notice of Appeal
4/22/2020	60	Transmission of Notice of Appeal and Docket Sheet to USCA
4/23/2020	61	USCA Case Number

Fourth Circuit Court of Appeals

Date Filed	#	Document
4/23/2020	1	Case docketed. Originating case number: 1:19-cv-01264-GLR.
4/23/2020	2	DOCKETING NOTICE issued Re: [1] case. Originating case number: 1:19-cv-01264-GLR.
4/23/2020	3	BRIEFING ORDER filed. FILING OF PAPER COPIES OF BRIEFS/APPENDICES IS SUSPENDED PENDING FURTHER NOTICE FROM THE COURT. Opening Brief and Appendix due 06/02/2020. Response Brief due 07/02/2020.
4/23/2020	4	APPEARANCE OF COUNSEL by Rachel Simmonsen for Mayor and City Council of Baltimore.
4/28/2020	5	DISCLOSURE STATEMENT by Mayor and City Council of Baltimore. Was any question on Disclosure Form answered yes? No
4/29/2020	6	DOCKETING STATEMENT by Mayor and City Council of Baltimore.
5/1/2020	7	ORDER filed extending filing time for opening brief and appendix until August 10, 2020. Number of days granted: 69. Opening brief and appendix due 08/10/2020. Response brief due 09/09/2020. FILING OF PAPER COPIES OF BRIEFS/APPENDICES IS SUSPENDED PENDING FURTHER NOTICE FROM THE COURT.
5/7/2020	8	APPEARANCE OF COUNSEL by David M. Friedland for Wheelabrator Baltimore, L.P., Energy Recovery Council and National Waste & Recycling Association.
5/7/2020	9	APPEARANCE OF COUNSEL by Joshua H. Van Eaton for Energy Recovery Council, National Waste & Recycling Association and Wheelabrator Baltimore, L.P..
5/7/2020	10	APPEARANCE OF COUNSEL by James B. Slaughter for Wheelabrator Baltimore, L.P., National Waste & Recycling Association and Energy Recovery Council.
5/7/2020	11	NOTICE re: Plaintiffs-Appellees Notice of Cross-Appeal by National Waste & Recycling Association, Wheelabrator Baltimore, L.P. and Energy Recovery Council.
5/7/2020	12	DISCLOSURE STATEMENT by Wheelabrator Baltimore, L.P.. Was any question on Disclosure Form answered yes? Yes
5/7/2020	13	DISCLOSURE STATEMENT by National Waste & Recycling Association. Was any question on Disclosure Form answered yes? Yes
5/7/2020	14	DISCLOSURE STATEMENT by Energy Recovery Council. Was any question on Disclosure Form answered yes? Yes
5/7/2020	15	APPEARANCE OF COUNSEL by George F. Ritchie for Curtis Bay Energy, L.P..
5/7/2020	16	APPEARANCE OF COUNSEL by Michael C. Powell for Curtis Bay Energy, L.P.. [file locked]
5/8/2020	17	Docket correction requested from Curtis Bay Energy, L.P.. Re: [16] appearance of counsel.
5/8/2020	18	ORDER filed suspending briefing. Copies to all parties.
5/8/2020	19	ORDER filed consolidating case 20-1534 with 20-1473. Cross-appeal appellant: Mayor and City Council of Baltimore.
5/8/2020	20	BRIEFING ORDER filed. Name of Cross-Appeal Appellant for briefing purposes: Mayor and City Council of Baltimore. FILING OF PAPER COPIES OF BRIEFS/APPENDICES IS SUSPENDED PENDING FURTHER NOTICE FROM THE COURT. Opening Brief and Appendix due 08/10/2020. Opening/Response Brief Due: 09/09/2020. Response/Reply Brief Due 10/09/2020.
5/8/2020	21	APPEARANCE OF COUNSEL by Michael Trent Zivkovich for Curtis Bay Energy, L.P. in 20-1473.
5/11/2020	22	DISCLOSURE STATEMENT by Curtis Bay Energy, L.P. in 20-1473. Was any question on Disclosure Form answered yes? Yes
5/20/2020	23	APPEARANCE OF COUNSEL by Stephen E. Luttrell for Curtis Bay Energy, L.P. in 20-1473.
5/20/2020	24	APPEARANCE OF COUNSEL by Roy D Prather III for Energy Recovery Council, National Waste & Recycling Association and Wheelabrator Baltimore, L.P. in 20-1473, 20-1534.
6/15/2020	25	DOCKETING STATEMENT by Energy Recovery Council, National Waste & Recycling Association and Wheelabrator Baltimore, L.P.
7/14/2020	26	MOTION by Mayor and City Council of Baltimore in 20-1473, 20-1534 Motion to postpone briefing deadlines to extend filing time for opening brief and appendix until October 9, 2020.
7/15/2020	27	ORDER filed granting motion to extend filing time [26]. Number of days granted: 60. Opening brief and appendix due 10/09/2020. Opening/Response Brief Due: 11/09/2020. Response/Reply Brief Due 12/09/2020. Paper copy requirements are temporarily suspended unless the case is under pre-argument review or being scheduled for argument, in which case a total of four paper copies of formal briefs and appendices is required.
9/24/2020	28	MOTION by Curtis Bay Energy, L.P., Energy Recovery Council, National Waste & Recycling Association and Wheelabrator Baltimore, L.P. in 20-1473, 20-1534 to extend filing time for opening brief and appendix until December 8, 2020.
7/15/2020	29	ORDER filed granting Motion to extend filing time [28]. Number of days granted: 60. Opening brief and appendix due 12/08/2020. Opening/Response Brief Due: 01/07/2021. Response/Reply Brief Due 02/08/2021.
11/4/2020	30	CONSENT/STIPULATION by Mayor and City Council of Baltimore in 20-1473, 20-1534 to dismiss appeal pursuant to FRAP 42(b)
11/4/2020	31	ORDER filed granting Motion to dismiss appeal pursuant to FRAP 42(b) [30]. Copies to all parties.
11/4/2020	32	Rule 42(b) mandate issued. Originating case number: 1:19-cv-01264-GLR.

The settlement agreement resulted in the city signing two agreements with the Northeast Maryland Waste Disposal Authority for continued use of the Wheelabrator Baltimore trash incinerator for ten more years, as well as an emissions control agreement with Wheelabrator to come half-way to the requirements of the Baltimore Clean Air Act. So far as we know, no agreement was made with the Curtis Bay Energy medical waste incinerator to require them to reduce emissions. The agreements are:

• BRESCO Amended Restated Contract (ten more years of trash burning)
• Hawkins Point Amended Contract (for dumping of incinerator ash in the city’s Quarantine Road Landfill)
• Emissions Control Agreement (coming half-way to the Baltimore Clean Air Act’s requirements)