A state environmental commission illegally approved a Baltimore County law barring liquefied natural gas plants in sensitive coastal areas, according to a court complaint lodged by the company trying to build such a facility at Sparrows Point.
The complaint was filed in Anne Arundel County Circuit Court on Friday against Baltimore County and Maryland?s Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, which last month voted to approve a county law banning LNG terminals within 1,000 feet of Bay wetlands. The law was upheld by a federal judge at the same moments the commission voted to adopt it into state law.
The complaint targets David Carroll, the county?s director of environmental protection and resource management, who has publiclyvoiced opposition to the AES Corp. project and represents the county on the commission.
“AES was concerned that Mr. Carroll has placed himself in an untenable position where he was acting as both proponent and judge, with full, unrestricted access to other members of the commission,” the 33-page complaint says.
“We think we are on very sound legal ground,” county spokesman Don Mohler said. “This is obviously a group which is going to try to do whatever they can to force an LNG plant on the people of Turners Station and Dundalk.”
Virginia-based AES is proposing a $400 million facility near the Key Bridge, where liquefied natural gas will arrive on tankers, be revaporized and sent via an 87-mile pipeline through Harford County into southern Pennsylvania.
AES officials said the company?s efforts will improve water quality and not affect fish, wildlife or plant habitats. But county officials worry the dredging required to accommodate the tankers could disturb toxic sediment in the Baltimore Harbor and say the plant is an attractive target for terrorism.
Members of the County Council in January passed legislation adding LNG terminals to a list of banned facilities in sensitive Bay areas, but the commission had to approve the law as an amendment to the state?s Coastal Zone Management Plan. In May, the commission appeared poised to deny approval.
Commission director Ren Serey said the change came after “considerable discussion.” He said he had not reviewed the complaint and could not comment further.
