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ASSATEAGUE v. DEPT. OF ENVIRONMENT

No. 471, Sept. Term, 2010.

28 A.3d 178 (2011)

200 Md. App. 665

ASSATEAGUE COASTKEEPER et al. v. MARYLAND DEPARTMENT OF the ENVIRONMENT.

Court of Special Appeals of Maryland.

September 6, 2011.

Attorney(s) appearing for the Case

Michael K. Murphy , Washington DC ( Carey Anne Fenton , Gibson, Dunn & Crutcher LLP and Scott Edwards , Liane Curtis , Irvington, MY), on the brief, for appellant.

Adam D. Snyder ( Andrea S. Baker , Douglas F. Gansler , Atty. Gen., on the brief), Baltimore, MD, for appellee.

Panel: GRAEFF, HOTTEN and RAYMOND G. THIEME, JR. (Retired, Specially Assigned).

GRAEFF, J.

This appeal involves the propriety of regulation by the Maryland Department of the Environment ("MDE"), appellee, of Animal Feeding Operations ("AFOs"), facilities that house animals.1 AFOs produce large quantities of animal manure each year, which is applied to crops in place of chemical fertilizer. The manure contains nutrients that, if improperly managed, contribute to water quality problems for lakes, rivers, and groundwater...

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