July 2015 Maryland Certiorari Grants

On the heels of its eight(!) published opinions today, the Court of Appeals of Maryland released its July 2015 certiorari grants. There are only four grants, three of which involve disputes with the Maryland Department of the Environment. The cases, with questions presented, appear after the jump.

Blue Water Baltimore et al. v. Maryland Department of the Environment – Case No. 43, September Term, 2015

Issues – Environmental Law – 1) Did the MS4 permits issued by the Md. Dept. of the Environment to Baltimore Co., Anne Arundel Co., and Prince George’s Co. for the counties’ municipal storm sewer system appropriately incorporate by reference publicly available materials and was the requirement for restoration of 20% of pre-2002 developed impervious surfaces specific, measurable, and enforceable? 2) Was the Department’s final decision to issue the permits with a 20% restoration requirement based upon the State’s Chesapeake Bay total maximum daily loads strategies, and a reporting requirement to establish strategies to address wasteload allocations, supported by substantial evidence?

Blue Water Baltimore et al. v. Maryland Department of the Environment, et al. – Case No. 44, September Term, 2015

Issues – Environmental Law – 1) Do the provisions of the MS4 permit that require that the public have an opportunity to review and comment on restoration plans intended to meet the wasteload allocations established for the permittee under applicable total maximum daily loads satisfy state public participation requirements? 2) Do the provisions of the MS4 permit satisfy federal monitoring requirements?

Ann Lane v. Supervisor of Assessments of Montgomery County – Case No. 41, September Term, 2015

Issues – Taxation – 1) Whether evidence of sales consummated subsequent to the Date of Finality is admissible in property tax assessment cases? 2) Does the record lack substantial evidence to support the Tax Court’s determination of assessed value where the Tax Court relied upon sales of units that differ in location, layout and size?

Maryland Department of the Environment, et al. v. Anacostia Riverkeeper, et al. – Case No. 42, September Term, 2015

Issues – Environmental Law – 1) Did the MS4 permit issued by the Md. Dept. of the Environment to Montgomery Co. for the county’s municipal storm sewer system appropriately incorporate by reference publicly available materials and was the requirement for restoration of 20% of pre-2002 developed impervious surfaces specific, measurable, and enforceable? 2) Was the Department’s final decision to issue the permit with a 20% restoration requirement, and a reporting requirement to establish strategies to address wasteload allocations, supported by substantial evidence?

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