Wheelabrator Baltimore, L.P. v. Mayor & City Council of Baltimore

The operators of a waste-to-energy facility and a hospital/medical/infectious waste incineration facility and three other plaintiffs filed a lawsuit in federal court in Maryland challenging a City of Baltimore ordinance, the Baltimore Clean Air Act, that the plaintiffs allege was a “targeted attempt” to shut down the plaintiffs’ facilities. The complaint alleged that the closure of the facilities would have negative environmental effects, including increased methane emissions from decomposition of waste in landfills. The plaintiffs asserted that the ordinance was preempted by federal and State law, that the ordinance was an ultra vires act, and that it violated the U.S. and Maryland constitutions.