RICHMOND, VA. — RICHMOND, VA. -- When lawyers for Baltimore County and an energy company that wants to build a liquefied natural gas terminal on Sparrows Point presented their cases yesterday to a three-judge federal appeals court panel, they both made reference to eight people sitting in the courtroom.
"They're some of the living, breathing human beings this affects," said County Attorney John E. Beverungen, gesturing to a group of Dundalk-area residents who are opposed to the plant and traveled to Richmond, some leaving at 4:30 a.m., to hear the arguments before the 4th U.S. Circuit Court of Appeals.
Jeffrey A. Lamken, a lawyer for AES Corp., said the federal approval process weighs local concerns against the need for a supply of clean energy so that, for example, families in western Pennsylvania don't have to go without heat.
The Federal Energy Regulatory Commission balances concerns about health and safety so "we don't get victimized by NIMBY" -- not in my backyard -- he said.
The case is being closely watched by the energy industry and local governments to see whether a revised coastal zone management plan can be used to prevent LNG facilities from being built in waterfront areas.
Ever since AES announced the project two years ago, elected officials have been looking for ways to stop it. Legislation proposed by members of Congress and state lawmakers weren't passed. One county zoning law banning LNG terminals near homes was thrown out by a federal judge. Opponents think the Coastal Zone Management Act offers the county the best protection against the project.
AES Corp., an international power supply company based in Arlington, Va., is appealing the June decision of U.S. District Judge Richard D. Bennett, who upheld the county's LNG prohibition.
The company says the county overstepped its authority and is attempting to circumvent the federal approval process for energy projects.
County attorneys argue that the federal Coastal Zone Management Act delegates authority to local governments to determine what land uses should be forbidden to protect the environmentally sensitive coastal areas.
The panel, composed of appeals court Judges Karen J. Williams and Dennis W. Shedd, and Liam O'Grady, a federal district judge from eastern Virginia, questioned the lawyers extensively. Oral arguments are usually limited to 20 minutes for each side, but, with the questions, yesterday's session lasted more than an hour.
