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UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND

CHAMBERS OF

J. FREDERICK MOTZ
UNITED STATES DISTRICT JUDGE

101 WEST LOMBARD STREET BALTIMORE, MARYLAND 21201 (410) 962-0782 (410) 962-2698 FAX

January 3, 2007

Memo To Counsel Re: Environmental Integrity Project, et al. v. Mirant Corporation, et al. Civil No. JFM-06-2249 Dear Counsel: At the conclusion of the hearing held on December 21, 2006, I indicated that I would either issue a full opinion in February or a brief memorandum opinion on a more expedited basis. Having considered the arguments you made at the hearing and having reviewed again the memoranda you have submitted, I have concluded that the issues are rather clear and that a memorandum opinion should suffice. I hope that you understand that the form of the opinion does not suggest that I have not carefully considered the excellent arguments you have made. Defendants' motion to dismiss will be granted, because the Maryland Department of the Environment ("MDE") has diligently prosecuted a civil action in the Circuit Court for Prince George's County to require compliance with federal and state opacity standards at the Chalk Point Electric Generating Facility.1 See 42 U.S.C.

Download Environmental Integrity Project v. Mirant Corp - OPINION.pdf

Maryland Law