Accokeek, Mattawoman, Piscataway Creeks Communities Council, Inc. v. Public Service Commission of Maryland

The Maryland Court of Appeals upheld the Maryland Public Service Commission’s (PSC’s) approval for an electric generating station intended to power the Dominion Cove Point natural gas liquefaction facility. Like the trial court and the Court of Special Appeals, the Court of Appeals rejected the argument that a condition of approval requiring a $40-million contribution to a State fund for investing in projects—including projects involving renewable and clean energy resources, greenhouse gas reduction or mitigation programs, cost-efficiency and conservation programs, or demand response programs—was not an unauthorized tax. After noting that the PSC was required by law to consider and weigh positive economic or environmental impact against negative impacts, the Court of Appeals found that the condition was “particular to that end” and “not for the primary purpose of raising revenue.” Instead, the condition was a “primarily regulatory” exaction imposed to offset the impact of emissions of pollutants.