Maryland
How Army Corps of Engineers v. Kansas City Southern Railway Co. applies in Maryland: state-specific rules, key cases, and bar exam notes for Environmental Law.
Maryland follows federal precedents regarding the jurisdictional authority of the Army Corps of Engineers over navigable waters. The state emphasizes the importance of protecting water resources and applies similar tests to determine waters subject to federal regulation under the Clean Water Act.
In Maryland, the regulation of waters under the Clean Water Act mirrors the federal definition, encompassing protected wetlands adjacent to navigable waters as determined by the Corps.
The court confirmed the state's authority to regulate wetlands under state law even when federal jurisdiction is invoked.
The court upheld the necessity of state permits for discharge into waters that impact the Chesapeake Bay's water quality.
This case reinforced the idea that Maryland enforces stricter wetland protections than federal standards to preserve Chesapeake Bay.
While Maryland adheres to the federal jurisdiction rules established in Army Corps of Engineers v. Kansas City Southern Railway Co., the state may impose stricter standards and broader definitions regarding the protection of wetlands and navigable waters. This reflects Maryland's commitment to environmental preservation, notably concerning the Chesapeake Bay.
Understanding the intersection of state and federal jurisdiction over water resources is crucial for the Maryland bar exam, particularly in essays related to environmental law and land use.