Maryland Judge Gives Mixed Ruling in Coal Plant Suit Brought by CCAN and EIP

Washington County Circuit Court Judge Sets Good Precedent Concerning Citizens’ Right to Appeal but Drops the Ball on Pollution Permit for R. Paul Smith Power Plant

On April 21st, 2011, Judge W Kennedy Boone, a lower state court judge in Washington County, Maryland, rendered his decision in a case brought by the Chesapeake Climate Action Network (CCAN) and the Environmental Integrity Project (EIP). The case focused on Allegheny Energy’s water pollution permit related to the R. Paul Smith power plant in Williamsport, MD. Continue reading

Perdue Chicken pecking away at UMD Law Clinic

The University of Maryland Environmental Law Clinic has been fighting to preserve Maryland’s environment on behalf of citizens for years. Most recently, the law clinic has been investigating massive factory farms that contaminate waterways. In retaliation, these factory farms, led by Perdue Chicken, are pushing the Maryland General Assembly to take away funding for the law clinic. Read more in the Baltimore Sun.

The University of Maryland is one of the largest pro-bono law firms in Maryland and represents clients from all over the state, including CCAN. This move could seriously undermine its ability to continue its vital work.

The Maryland General Assembly will be voting on this provision soon as part of the larger budget.

Ask your state legislator to take a stand against big polluters by keeping the University of Maryland Law Clinic’s funding.

Gotta love those judges…

gavel Yesterday, the 2nd circuit court of appeals in New York overturned a lower court decision brought by 8 states against 5 of the largest electricity providers in the country. The court said that greenhouse gases, like traditional air pollutants, can be considered under common law as a “nuisance”. The decision provides yet another “feather” in the proverbial legal “cap” of progressive states and environmental advocates to address CO2 emissions from the biggest climate change offenders via the courts. Way to go 2nd circuit! Continue reading

CCAN to Environmental Regulators: "Get ready to Enforce the Law!"

CCAN is fighting dirty power plants on BOTH sides of the Potomac River! On June 26 2009, CCAN joined three Maryland citizens in a lawsuit challenging the Mirant Corporation’s Chalk Point power plant on the Patuxent River in Prince George’s County for not complying with state and federal Clean Air Act pollution control requirements.

From the very beginning, CCAN has been involved in challenging proposed coal-fired power plants across Virginia. Now, we are taking on new legal challenges Continue reading

For You Climate Lawyers!

Hey All,

For those of you wonky attorneys out there, my article below got published in the June edition of the Maryland Bar Association Newsletter/Journal. Climate Change law is an ever growing and expanding field, especially in Maryland where a slew of bills were passed or are being seriously considered in the Maryland General Assembly addressing global warming and its affects on the Bay. This dynamic field of law is changing so quickly that the article below from June is somewhat outdated. Comments, questions? Please post to our blog :)

Sincerely, CCAN’s lawyer (yes we have a lawyer) Diana Dascalu-Joffe, Esq.

Article for Maryland State Bar Association Environmental Edition


Global Warming and the Law in Maryland

By Diana Dascalu-Joffe
May 2007

Artic ice melting at an alarming rate. Sea level rise. Ravaging forest fires. Strange, destructive weather patterns. Global warming. Anyone who has not heard about global warming or its affect on the world must have been hibernating under a rock for the past few years. The daunting news is everywhere from Vanity Fair to the Wall Street Journal to local community newsletters.

Speaking as an attorney for a Maryland non-profit organization that educates on climate change and its affects on the Chesapeake Bay, business has never been better! Finally, the world, and many citizens, legislators, businesses, faith leaders, etc have had their “eureka” moment on this issue. Continue reading