Preview:

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

COASTAL HOLDING & LEASING, INC. Plaintiff, v. MARYLAND ENVIRONMENTAL SERVICE Defendant.

: : : : : : : :

CIVIL NO. L-05-405

MEMORANDUM I. INTRODUCTION This case tests whether the Maryland Environmental Service ("MES"), a corporation created by state statute and subject to extensive state oversight, is immune to suit in federal court under the Eleventh Amendment to the United States Constitution. Although the issue is not free from doubt, this Court, applying the prescribed test, concludes that MES is an instrumentality of the State of Maryland. Accordingly, it is immune from suit in federal court.1 In a separate order, this Court will grant MES's motion to dismiss. The Maryland General Assembly created MES, a corporation, by statute in 1970.2 According to the "purpose" section of the legislation, MES's mission is "to assist with the
preservation, improvement, and management of the quality of air, land, and water resources, and to promote the health and welfare of the citizens of the State. . ."3 One of its projects is the Poplar Island

Dredged Material Facility.4

When a federal court dismisses a case on jurisdictional grounds, Maryland law (in some instances) provides a limitations grace period for refiling the suit in State court. See Maryland Rule 2101 (b) (2005). 2 Md. Code Ann., Nat. Res.

Download Coastal Holding & Leasing v. Maryland Environmental Service.pdf

Maryland Law