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POTOMAC ELEC. POWER CO. v. SACHS

Civ. A. No. B-86-220.

639 F.Supp. 856 (1986)

The POTOMAC ELECTRIC POWER COMPANY v. Stephen H. SACHS, in his capacity as Attorney General of Maryland, and Adele Wilzack, in her capacity as Secretary of the Maryland Department of Health and Mental Hygiene.

United States District Court, D. Maryland.

April 16, 1986.

Attorney(s) appearing for the Case

Arnold M. Weiner, Michael Schatzow, Ethan L. Bauman, and Melnicove, Kaufman, Weiner & Smouse, P.A., Baltimore, Md., E. Barrett Prettyman, Jr., Sherwin J. Markman, John C. Keeney, Jr., David J. Hayes, and Messrs. Hogan & Hartson, and Kathleen B. DeWeese, Asst. Gen. Counsel, Washington, D.C., for plaintiff, The Potomac Elec. Power Co.

Stephen H. Sachs, Atty. Gen. of Maryland, Michael C. Powell, Richard M. Hall, Kathie A. Stein, Charles R. Taylor, and Ralph S. Tyler, Asst. Attys. Gen. of Maryland, for defendants, Stephen H. Sachs, in his capacity as Atty. Gen. of Maryland, and Adele Wilzack, in her capacity as Secretary of Maryland Dept. of Health and Mental Hygiene.

WALTER E. BLACK, Jr., District Judge.

This action for declaratory judgment presents the Court with a narrow legal question of statutory interpretation. Does the federal Toxic Substances Control Act, 15 U.S.C. § 2601 et seq. (TOSCA), preempt Maryland's regulatory provisions governing the disposal of polychlorinated biphenyls (PCBs)?

The plaintiff, Potomac Electric Power Company (PEPCO), seeks to avoid a possible state criminal enforcement action...

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