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PATUXENT RIVER v. DEPT. OF ENVIRONMENT

No. 139, September Term, 2010.

29 A.3d 584 (2011)

422 Md. 294

PATUXENT RIVERKEEPER v. MARYLAND DEPARTMENT OF the ENVIRONMENT, et al.

Court of Appeals of Maryland.

Reconsideration Denied October 24, 2011.

Attorney(s) appearing for the Case

G. Macy Nelson ( David S. Lynch of Law Office of G. Macy Nelson, LLC, Towson, MD), on brief, for appellant.

Edward C. Gibbs, Jr. ( Thomas H. Haller and Richard H. Sothoron, Jr. of Gibbs and Haller, Largo, MD), on brief, for appellees.

Adam D. Snyder , Asst. Atty. Gen. ( Douglas F. Gansler , Atty. Gen. of Maryland, and Emily A. Vainieri , Asst. Atty. Gen., Baltimore, MD), for appellees.

Jon A. Mueller, Esq. , Amy E. McDonnell, Esq. , Chesapeake Bay Foundation , Annapolis, MD, Jane F. Barrett, Esq. , University of Maryland School of Law, Environmental Law Clinic, Baltimore, MD, for Amicus Curiae joint brief of the Chesapeake Bay Foundation, Inc., and Waterkeeper Alliance. Inc.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.

BATTAGLIA, J.

In this case, we are asked to determine whether a nonprofit environmental group, Patuxent Riverkeeper,1 Petitioner, ("Riverkeeper"), has standing2 to initiate a judicial review action of a decision of the Respondent, the Maryland Department of the Environment, ("MDE"), to issue a "non-tidal wetlands permit"3 to Petrie/ELG Inglewood...

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