A Baltimore County law that bans liquid natural gas plants within five miles of a residential area is unconstitutional, according to a federal lawsuit filed by a company trying to build a LNG terminal at the Sparrows Point shipyard.
Virginia-based AES Corp. filed suit Sept. 22 against County Executive Jim Smith, County Zoning Commissioner William Wiseman and the county itself, arguing the federal Energy Policy Act of 2005 preempts a county zoning amendment passed in June. The act gives the Federal Energy Regulation Commission the “exclusive authority” to approve LNG facilities and their locations, according to the suit.
“By contesting the amended Baltimore County zoning regulation, AES is attempting to abide by the objective and thorough process defined in federal law,” AES Project Manager Kent Morton said in a statement.
The county council unanimously approved the law. The LNG Opposition Team, a group of Dundalk residents, have spearheaded opposition to the proposal, and have garnered the support from elected officials including Gov. Robert Ehrlich. County officials said they will continue to “vigorously defend” the regulation.
“The county executive has instructed the county attorney to meet with his staff and fully brief him over the next few days,” county spokesman Don Mohler said Wednesday. “He remains adamant that he will take whatever steps necessary to prevent an LNG plant from operating at Sparrows Point.”
Bart Fisher, a Washington attorney working pro bono for the Dundalk group, called the lawsuit premature ? AES has yet to make a formal application for the $400 million plant ? and a waste of court resources. He also questioned the energy act?s constitutionality.
“You cannot have the FERC shove something down a state?s throat when the people don?t want it and the politicians don?t want it.”
Fisher believes the case could reach the Supreme Court.
