State Enforcement/Clean Water Act: Maryland General Assembly Enacts Legislation Providing Public Right to Intervene

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Maryland General Assembly (“Maryland”) enacted legislation providing the public the right to participate in the state’s Clean Water Act enforcement actions.

The bills are denominated House Bill 76 and Senate Bill 334.

House Bill 76 revises Maryland laws reflected in the following language that describes its purpose:

FOR the purpose of establishing that a person who meets the threshold standing requirements under the federal Clean Water Act has an unconditional right and the authority to intervene in a certain civil action that the State brings initiates to require compliance with certain water pollution control measures; requiring a person exercising a certain right of intervention to intervene in accordance with the applicable practices, procedures, and laws in the State; establishing that a person who meets certain requirements to intervene has the same rights as an interested person or aggrieved party under the federal Clean Water Act; and generally relating to intervention in civil actions on water pollution control.

The right of intervention is premised on compliance with the “applicable practices, procedures, and laws of the State.”

A copy of House Bill 76 can be downloaded here and Senate Bill 334 here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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