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AES SPARROWS POINT LNG, LLC v. SMITH

No. 07-1615.

527 F.3d 120 (2008)

AES SPARROWS POINT LNG, LLC; Mid-Atlantic Express, LLC, Plaintiffs-Appellants, v. James T. SMITH, Jr., County Executive, Baltimore County; William J. Wiseman, III, Zoning Commissioner, Baltimore County; Baltimore County, Maryland, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: May 19, 2008.

Attorney(s) appearing for the Case

ARGUED: Jeffrey A. Lamken, Baker Botts, L.L.P., Washington, D.C., for Appellants. John Edward Beverungen, County Attorney, Baltimore County Office of Law, Towson, Maryland, for Appellees. ON BRIEF: James W. Bartlett, III, Scott H. Phillips, Semmes, Bowen & Semmes, Baltimore, Maryland; Randolph Q. McManus, Mark Cook, Michael G. Pattillo, Jr., Adam J. White, Rachel M. McKenzie, Baker Botts, L.L.P., Washington, D.C., for Appellants. Jeffrey Grant Cook, Assistant County Attorney, Baltimore County Office of Law, Towson, Maryland, for Appellees.

Reversed and remanded by published opinion. Judge SHEDD wrote the opinion, in which Judge O'GRADY joined. Chief Judge WILLIAMS wrote a separate opinion concurring in the judgment.

OPINION

SHEDD, Circuit Judge:

AES Sparrows Point LNG, LLC and Mid-Atlantic Express, LLC (together, "AES") brought this suit against Baltimore County, Maryland, its executive, and its zoning commissioner (together, "the County") seeking a declaration that County Bill 9-07, which prohibits the siting of any liquefied natural gas ("LNG") terminal in the County's Chesapeake Bay Critical Area, is preempted by the Natural Gas Act ("NGA"). The district court granted...

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