The Friends of the Nanticoke River and its partners obtained a great victory! The Dorchester Circuit Court issued its opinion in the Valley Proteins MDE permit challenge - MDE’s determination was reversed and the permit was ordered to be rewritten and corrected to provide real compliance with state law. Thanks to the Chesapeake Bay Foundation which led the way.
The Court ruled for the Department on the compliance schedule and Removed Substances claims: “The Court agrees with the Petitioners that the Permit terms, specifically surrounding Total Nitrogen and Total Phosphorus limits, do not ensure compliance with water quality standards. The Court agrees with the Respondent and the Department regarding the compliance schedule and views the compliance schedule as a lawful and reasonable mechanism under the circumstances. The Court agrees with the Respondent and the Department that the removed substances provision ensures compliance with water quality standards to the extent that it can.”
Comments