Petition for review of the State of Maryland Department of the Environment's denial of a request for water quality certification, involving a proposed large-scale liquefied natural gas marine import terminal and pipeline project, is denied where: 1) Maryland waived any potential claim of sovereign immunity in connection with the present petition for review by expressly consenting to defending, in federal court, its decision to deny AES's Request for section 401(a)(1) Water Quality Certification; and 2) AES failed to establish any basis to disturb the Army Corps of Engineers' determination that Maryland had not waived its right to grant or deny AES's section 401(a)(1) Certification Request.
Argued: September 24, 2009
Decided: December 22, 2009
Opinion by Circuit Judge Hamilton
For Appellant: Jeffrey A. Lamken, Baker Botts LLP
For Appellee: Adam Dean Snyder, Office of the Attorney General of Maryland