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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND * AES SPARROWS POINT LNG, LLC, et al., * Plaintiffs, * v. * JAMES T. SMITH, JR., et al., * Defendants. * * * * * * * * * * * * * * Civil Action No.: RDB-06-2478

MEMORANDUM OPINION The Plaintiffs AES Sparrows Point LNG, LLC and Mid-Atlantic Express, LLC ("Plaintiffs") have brought this action for declaratory and injunctive relief against James T. Smith, Jr., in his official capacity as the County Executive of Baltimore County, William J. Wiseman, III, in his official capacity as the Zoning Commissioner for Baltimore County, and Baltimore County, Maryland ("Defendants" or "the County"). The Plaintiffs seek a declaration that an amendment to section 256.4 of the Baltimore County Zoning Regulations, as set forth in Bill 71-06 ("the Zoning Amendment") and providing for absolute prohibitions and limitations on the siting of liquified natural gas ("LNG") importation facilities, is preempted under the Supremacy Clause of the United States Constitution1 by the Natural Gas Act, 15 U.S.C.

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Maryland Law