Maryland Federal Judge Rules Federal Gas Act Preempts Local Pumping Station Zoning

Maryland Federal Judge Rules Federal Gas Act Preempts Local Pumping Station Zoning

BALTIMORE - A natural gas pipeline company was granted declaratory judgment on Oct. 7 in the U.S. District Court for the District of Maryland to the effect that local zoning ordinances and laws are preempted by the federal Natural Gas Act unless the local regulations are implemented under reserved powers in federal air and water quality statutes; the company was denied a permanent injunction against enforcement of the local regulations because it did not demonstrate an imminent threat, according to the presiding judge (Dominion Transmission Inc. v. Town of Myersville Town Council, et al., No. 13-338, D. Md.; 2013 U.S. Dist. LEXIS 144456).

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