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AES SPARROWS POINT LNG v. WILSON

No. 09-1539.

589 F.3d 721 (2009)

AES SPARROWS POINT LNG, LLC; Mid-Atlantic Express, LLC, Petitioners, v. Shari T. WILSON, Secretary of the Maryland Department of the Environment; Maryland Department of the Environment, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: December 22, 2009.

Attorney(s) appearing for the Case

ARGUED: Jeffrey A. Lamken, Baker Botts, LLP, Washington, D.C., for Petitioners. Adam Dean Snyder, Office of the Attorney General of Maryland, Baltimore, Maryland, for Respondents. ON BRIEF: G. Mark Cook, Jessica A. Fore, Adam J. White, Emil J. Barth, Baker Botts, LLP, Washington, DC, for Petitioners. Douglas F. Gansler, Attorney General of Maryland, Emily A. Vainieri, Assistant Attorney General, Office of the Attorney General of Maryland, Baltimore, Maryland, for Respondents.

Petition for review denied by published opinion. Senior Judge HAMILTON wrote the opinion, in which Chief Judge TRAXLER joined. Judge DAVIS wrote a concurring opinion.

OPINION

HAMILTON, Senior Circuit Judge:

Pursuant to § 19(d)(1) of the Natural Gas Act, 15 U.S.C. § 717r(d)(1), we are petitioned by AES Sparrows Point LNG, LLC and Mid-Atlantic Express Holdings, LLC (collectively AES) to review the State of Maryland Department of the Environment's denial of a request for water quality certification pursuant to § 401(a)(1) of the Clean Water Act, 33 U.S.C. § 1341(a)(1), with respect to a proposed large...

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