| Date Filed | # | Document |
|---|
| 4/30/2019 | 1 | Complaint |
| | Civil Cover Sheet |
| | Exhibit A – Baltimore Clean Air Act |
| | Exhibit B – Wheelabrator Title V permit |
| | Exhibit C – MDE Letter to EPA Submitting Maryland’s State Implementation Program (SIP) |
| | Exhibit D – Curtis Bay Energy Title V permit |
| | Exhibit E – Baltimore DPW Memorandum to Baltimore City Council, dated January 28, 2019 |
| | Exhibit F – Baltimore DPW Fiscal Analysis of Possible Impacts of City Council Bill 18-0306, dated February 2019 |
| | Exhibit G – Wheelabrator Baltimore’s Refuse Disposal Permit (No. 2016-WTE-0030) |
| | Exhibit H – Curtis Bay’s Refuse Disposal Permit (No. 2017-WMI-0036) |
| | Summons |
| 4/30/2019 | 2 | Summons |
| 5/1/2019 | 3 | Disclosure Statement – Curtis Bay Energy |
| 5/1/2019 | 4 | Disclosure Statement – Wheelabrator Baltimore |
| 5/1/2019 | 5 | Disclosure Statement – Energy Recovery Council |
| 5/1/2019 | 6 | Disclosure Statement – National Waste and Recycling Association |
| 5/1/2019 | 7 | Disclosure Statement – TMS Hauling |
| 5/6/2019 | 8 | Summons Return Executed |
| 5/6/2019 | 9 | Motion for Admission Pro Hac Vice – James B. Slaughter, Atty for Wheelabrator and Energy Recovery Council |
| 5/6/2019 | 10 | Motion for Admission Pro Hac Vice – David Friedland, Atty for Wheelabrator and Energy Recovery Council |
| 5/6/2019 | 11 | Motion for Admission Pro Hac Vice – Joshua H. Van Eaton, Atty for Wheelabrator and Energy Recovery Council |
| 5/6/2019 | 12 | Motion for Admission Pro Hac Vice – Meghan L. Morgan, Atty for Wheelabrator and Energy Recovery Council |
| 5/10/2019 | 13 | Order on Motion to Appear Pro Hac Vice |
| 5/10/2019 | 14 | Order on Motion to Appear Pro Hac Vice |
| 5/10/2019 | 15 | Order on Motion to Appear Pro Hac Vice |
| 5/10/2019 | 16 | Order on Motion to Appear Pro Hac Vice |
| 5/16/2019 | 17 | Notice of Appearance |
| 5/16/2019 | 18 | Motion to Extend Time |
| | Text of Proposed Order |
| 5/16/2019 | 19 | Order on Motion to Extend Time |
| 7/15/2019 | 20 | Request for Conference |
| 7/17/2019 | 21 | Notice of Appearance for City |
| 7/17/2019 | 22 | QC Notice – Miscellaneous |
| 7/18/2019 | | Telephone Conference |
| 7/18/2019 | 23 | Order |
| 7/18/2019 | 24 | Order Referring Case to Magistrate Judge |
| 7/19/2019 | 25 | Status Report |
| 7/22/2019 | 26 | Order |
| 7/22/2019 | 27 | Notice of Appearance for city |
| 7/22/2019 | 28 | Order |
| 7/22/2019 | 29 | Notice of Appearance for city |
| 7/22/2019 | 30 | Motion to Dismiss for Failure to State a Claim |
| | Memo in Support |
| | Exhibit |
| | Text of Proposed Order |
| 7/23/2019 | 31 | City proposed briefing schedule |
| 7/24/2019 | 32 | Order (schedule) |
| 8/2/2019 | | Add and Terminate Judges |
| 8/6/2019 | 33 | Transcript (not available) |
| 8/16/2019 | 34 | Memo in Opposition to Motion to Dismiss |
| | Exhibit A (Wheelabrator’s permit limits) |
| | Exhibit B (Curtis Bay Energy’s permit limits) |
| 8/23/2019 | 35 | Motion for Partial Summary Judgment |
| | Memo |
| | Exhibit A – Baltimore County’s 1982 Subdivision User Contract, dated November 3, 1982 |
| | Exhibit B – Wheelabrator Baltimore’s Title V permit, dated April 1, 2014 |
| | Exhibit C – Wheelabrator Baltimore’s Waste Disposal Agreement, dated June 22, 2011 |
| | Exhibit D – Baltimore City’s 2011 Subdivision User Contract, dated June 22, 2011 |
| | Exhibit E – Baltimore City’s Solid Waste Management Plan for 2013-2023 |
| | Exhibit F – Curtis Bay’s Title V permit, dated May 1, 2019 |
| | Exhibit G – Table 1, Emission Limits Applicable to Wheelabrator Baltimore |
| | Exhibit H – Table 2, Emission Limits Applicable to Curtis Bay |
| | Exhibit I – Baltimore City Council Resolution 17-0034R (NOx) |
| | Exhibit J – Baltimore City Council Resolution 18-0101R (NOx) |
| | Exhibit K – Memorandum Regarding City Council Bill 09-0400, City of Baltimore Department of Law, dated December 9, 2009 |
| | Exhibit L – Wheelabrator Baltimore’s Refuse Disposal Permit, dated March 3, 2017 |
| | Exhibit M – Curtis Bay’s Refuse Disposal Permit, dated June 13, 2017 |
| | Exhibit N – Baltimore City’s DPW Memorandum to Baltimore City Council, dated January 28, 2019 |
| | Exhibit O – Baltimore City’s DPW Fiscal Analysis of Possible Impacts of City Council Bill 18-0306, dated February 2019 |
| | Exhibit P – Baltimore City Health Code §8-110, et seq. |
| 8/30/2019 | 36 | Local Government Coalition for Renewable Energy – Amicus Curiae brief |
| | Motion for leave to file Amicus Curiae |
| 9/13/2019 | 37 | City Opposition to Amicus filing of Local Government Coalition for Renewable Energy |
| 9/20/2019 | 38 | Reply Memo in Support of City’s Motion to Dismiss |
| 10/15/2019 | 39 | City’s Cross-motion for Partial Summary Judgment and Opposition to Plaintiffs’ Motion for Partial Summary Judgment |
| | Exhibit A – J.B. Kitto, Jr., et al., World Class Technology for the Newest Waste-to-Energy Plant in the United States – Palm Beach Renewable Energy Facility No. 2 (Dec. 13, 2016) |
| | Exhibit B – MDE Air Quality Control Advisory Council – Agenda, Minutes, and Exhibits (Dec. 11, 2017) |
| | Exhibit C-1 – MDE Technical Support Document for Amendments to COMAR 26.11.08 – Control of Incinerators (Aug. 14, 2018) |
| | Exhibit C-2 – “White Paper on Control Technologies and OTC State Regulations for Nitrogen Oxides (NOx) Emissions from Eight Source Categories,” Stationary Area Sources Committee, 2/10/2017 |
| | Exhibit C-3 – Motion by Energy Answers Baltimore, LLC, to Amend the Construction Commencement Deadline in its Certificate of Public Convenience and Necessity, Supplemental Environmental Review Document DRAFT, June 2012 |
| | Exhibit D – Md. Register 45:17 (Aug. 17, 2018) |
| | Exhibit E – MDE Response to Comments related to Amendments to COMAR 26.11.01 et seq. (Sept. 21, 2018) |
| | Exhibit F – Md. Register 45:24 (Nov. 26, 2018) |
| | Exhibit G – MDE NOx Reasonably Available Control Technology State Implementation Plan (July 2, 2018) |
| | Exhibit H – U.S. EPA “Mercury CEMS and Sorbent Trap System Certification Under New Rules” (Jan. 29, 2015) |
| | Exhibit I – Dr. Nenad Sarunac, “Evaluation and Comparison of U.S. and EU Reference Methods for Measurement of Mercury, Heavy Metals, PM2.5 and PM10 Emissions from Fossil-Fired Power Plants” (Executive Summary) (Feb. 2007). |
| | Exhibit J – U.S. EPA Environmental Technology Verification Program – Dioxin Emission Monitoring Systems (Feb. 2007) |
| | Exhibit K – MDE Air Quality Control Advisory Council |
| | Exhibit L – Todd R. Chason, Gordon Feinblatt LLC |
| | Exhibit M – State Ethics Commission – Employer List (Nov. 15, 2018) |
| 10/22/2019 | 40 | Energy Justice Network – Amicus Curiae brief |
| | Motion for leave to file Amicus Curiae |
| 10/22/2019 | 41 | Disclosure Statement – Energy Justice Network |
| 10/31/2019 | 43 | QC Notice – Miscellaneous (the industry lawyers filed incorrectly and had to refile, which is why there’s no #42) |
| 10/31/2019 | 44 | Reply in Support of Plaintiffs’ Motion for Partial Summary Judgment and Opposition to Defendant’s Cross-Motion for Partial Summary Judgment |
| | Exhibit Q – Declaration of Timothy Porter |
| | Exhibit R – Palm Beach Renewable Energy Facility’s Title V permit, dated January 30, 2019 |
| | Exhibit S: Palm Beach Renewable Energy Facility’s Final Air Construction Permit, dated November 8, 2018 |
| | Exhibit T: City of Baltimore, Department of Public Works, Memorandum to Baltimore City Council dated January 28, 2019 [this document was previously designated as Plaintiffs’ MSJ Exhibit N, but the document itself was inadvertently omitted from Plaintiffs’ prior ECF submission on August 23, 2019] |
| | Exhibit U: Baltimore City Council Resolution 17-0029R |
| | Exhibit V: Baltimore City Council Resolution 18-0086R |
| 11/14/2019 | 45 | Reply in Support of Cross-Motion for Partial Summary Judgment |
| 11/19/2019 | 46 | Motion to Withdraw as Attorney (Thomas Webb for City) |
| 11/20/2019 | 47 | Correction of earlier submission |
| 11/20/2019 | 47 | Exhibit Q (revised) |
| 11/21/2019 | 48 | Order on Motion to Withdraw as Attorney |
| 1/16/2020 | 49 | Request for Conference |
| 1/21/2020 | 50 | NOTICE re [49] Request for Conference. The Court will conduct a telephone conference on Wednesday, January 29, 2020 at XXXX between Plaintiffs’ and Defendant’s counsel. Plaintiffs’ counsel is requested to initiate the call to [XXX-XXX-XXXX]. Counsel are advised, in addition to other issues, the call will address whether the City opposes a Stay of the “Act” pending resolution of the motions. (dafs, Chambers) |
| 1/29/2020 | 50 | Telephone Conference |
| 1/29/2020 | 51 | Order |
| 3/27/2020 | 52 | Memorandum Opinion |
| 3/27/2020 | 53 | Order on Motion to Dismiss for Failure to State a Claim |
| 4/16/2020 | 54 | Motion to Withdraw as Attorney |
| 4/17/2020 | 55 | Order on Motion to Withdraw as Attorney |
| 4/21/2020 | 56 | Notice of Appearance |
| 4/22/2020 | 57 | Notice of Appearance |
| 4/22/2020 | 58 | Notice of Appearance |
| 4/22/2020 | 59 | Notice of Appeal |
| 4/22/2020 | 60 | Transmission of Notice of Appeal and Docket Sheet to USCA |
| 4/23/2020 | 61 | USCA Case Number |
