Bill Positions

Bill Number: SB 824

Bill Title: Community Environmental Protection Act of 2009

Bill Sponsor(s): Senator Frosh, et al.

Subject: Environment & Energy

Committee: EHE

Bill Summary: This bill would have expanded standing to Federal levels, which provides that any organization (in state or out of state) can have standing regarding permitting and enforcement issues as long as one member has standing or is truly aggrieved. It would have given authority for citizen suits by an association. The bill would have allowed standing regarding new and renewal permits.

History: This bill was withdrawn by the sponsor. Compromise Standing legislation SB 1065/HB 1569 passed the General Assembly.

Chamber Position: Oppose

Position Summary: Passage of this legislation would have been contrary to long-established common law in Maryland. Currently, in Maryland in order to have standing a person must be "aggrieved." This language wass much too broad, and would have allowed for persons with little to no justified grievance appeal decisions. This legislation could unnecessarily significantly delay projects or interrupt projects already underway. Implications of this broadening of standing include a substantial increase in workload for an already over-taxed judicial branch, and undermining the decision-making authority of a local jurisdiction by persons with only a generalized concern. For these reasons, the Maryland Chamber opposed this legislation.

Position Statement:

Chamber Staff: Allyson Black

General Assembly: Click here to view the bill on the Maryland General Assembly's website.