A global energy firm proposing a liquid natural gas terminal near Dundalk asked a federal judge to overturn a county law banning such facilities within five miles of homes.
Lawyers for the Virginia-based AES Corp. told U.S. District Judge Richard Bennett on Wednesday the National Gas Act pre?empts state and local laws, granting the exclusive authority to determine if and where LNG plants are built to the Federal Energy Regulatory Commission.
“The question isn?t, ?what?s the decision?? ” AES attorney Jeff Lamken said. “It?s, ?who is the decision-maker?? ”
In Baltimore County, LNG facilities must be at least five miles from a residential zone and 500 feet from a commercial zone, according to a law passed in May 2006 specifically targeting AES? proposal for a terminal at the Sparrows Point peninsula near the Key Bridge.
The company?s case hinges on a hypothetical situation ? that FERC approves its application filed Monday ? attorney John Beverungen said, and belongs in state court because state laws give local governments authority to regulate land use.
“Zoning is the No. 1 job of local government,” county attorney John Beverungen said. “This ordinancedoes not prevent them from applying. They just need to apply to FERC for a location five miles from a residence.”
Bennett said he will rule on AES? motion for a summary judgment against the county ordinance and the county?s motion for dismissal by the end of next week. Bennett appeared to disagree with Beverungen, who suggested the parties should wait to see if the facility application is approved and for the county to enforce the rule before debating it in a state court.
“AES shouldn?t have to go through the entire process to be right back where we started from,” Bennett said. “It flies in the face of rightness.”
AES is proposing a $400 million terminal that would revaporize liquid gas arriving on tankers and send it through a $200 million, 87-mile pipeline through Harford County into southern Pennsylvania. Community groups opposing the project on environmental and safety risks have gained the support of elected officials at every level.
