DEPT. OF ENV. v. CARROLL CNTY.

Nos. 5, 7, Sept. Term, 2018.

214 A.3d 61 (2019)

465 Md. 169

MARYLAND DEPARTMENT OF THE ENVIRONMENT v. COUNTY COMMISSIONERS OF CARROLL COUNTY, Maryland Frederick County, Maryland v. Maryland Department of the Environment.

Court of Appeals of Maryland.

August 6, 2019.


Attorney(s) appearing for the Case

Argued by Adam D. Snyder , Assistant Attorney General ( Kunle Adeyemo , Assistant Attorney General, Brian E. Frosh , Attorney General of Maryland of Baltimore, MD) on brief, for Appellant/Cross-Appellee.

Brittany E. Wright, Esquire , Paul W. Smail, Esquire , 6 Herndon Avenue, Annapolis, MD 21403, for Amicus Curiae Brief for the Chesapeake Bay Founday, Inc. in Support of Appellant/Cross-Appellee.

Argued by M. Rosewin Sweeney ( Thomas M. Lingan and Diana M. Krevor , Venable LLP of Baltimore; Timothy C. Burke , County Attorney, Carroll County Government of Westminster, MD) on brief, for Appellee/Cross-Appellant.

Argued by Christopher D. Pomeroy ( Lisa M. Ochsenhirt , AquaLaw PLC of Richmond, VA; John S. Mathias , County Attorney and Kathy L. Mitchell , Assistant County Attorney, Frederick County Government of Frederick, MD) on brief, for Appellant.

Argued by Adam D. Snyder , Assistant Attorney General ( Kunle Adeyemo , Assistant Attorney General, Brian E. Frosh , Attorney General of Maryland of Baltimore, MD) on brief, for Appellee.

Brittany E. Wright, Esquire , Paul W. Smail, Esquire , 6 Herndon Avenue, Annapolis, MD 21403, for Amicus Curiae Brief for the Chesapeake Bay Founday, Inc. in Support of Appellee.

Argued before: Barbera, C.J., Greene, Adkins, McDonald, Watts, Hotten, Getty, JJ.


In the quest to conserve a vital resource — the nation's waters — Congress has enlisted the federal, state, and local governments under the Clean Water Act ("the Act")1 in a regulatory approach sometimes called "cooperative federalism." This effort involves a type of regulation that takes the...

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