On February 27, 2024, Associate Policy Director Dominic Butchko testified before the Senate Education, Energy, and the Environment Committee in opposition to SB 653- Standing- Environmental and Natural Resources Protection Proceedings (Clean Water Justice Act of 2024). This bill would, among other actions, enshrine in state law a dramatic new right for residents to sue certain parties for not only water violations, but also for other non-water-related environmental violations.
"Standing" is the legal right to bring and maintain a lawsuit. The purpose of standing is to limit the ability to bring suit to those parties who are directly affected by a decision. Under Maryland state law, the standing of residents to bring suits against counties has been limited. Unlike private for-profit industry, and as providers of public services, local governments have traditionally been viewed in a different light. While the advocates of SB 653 claim that this legislation is an answer to changes at the federal level, this bill extends beyond what federal standing was initially offered. Counties oppose the premise of this legislation as it opens the door to an onslaught of litigation, that while likely brought with the best intentions, will ultimately come at the cost of taxpayer dollars and public services.
From MACo Testimony:
While the advocates of SB 653 claim that this legislation is an answer to changes at the federal level, this bill extends beyond what federal standing was initially offered. Counties oppose the premise of this legislation as it opens the door to an onslaught of litigation, that while likely brought with the best intentions, will ultimately come at the cost of taxpayer dollars and public services.
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