Environmental Law Clinic Challenges Quarry Impacts on Howard County Residents

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Sky view of homes in a community

On October 2, the clinic filed an appeal with Howard County Department of Planning and Zoning (DPZ) challenging its conclusion that the complaints filed by 40 homeowners and a homeowners' association against the operation of a neighboring gravel quarry were "unfounded." DPZ determined that because the quarry had an air pollution and blasting permit from Maryland Department of the Environment (MDE), the petitioners' claims of nuisance caused by quarry dust entering their homes and covering outdoor furniture and blasting shaking their homes for over 20 years were not legally recognizable under county law. DPZ did not interview one of the petitioners to reach its decision. A virtual hearing will be held before the county Hearing Examiner on December 1.

The clinic will also be representing these same petitioners before the Maryland Department of the Environment in their challenge to the renewal of the quarry's air pollution permit. MDE decided to give the residents an opportunity to present their opposition publicly after receiving a recommendation on behalf of the residents from the Maryland Commission on Environmental Justice and Sustainable Communities. The area surrounding the quarry has been identified by MDE as an Environmental Justice community in the 92 percentile, meaning that only 8% of Maryland residents are subject to more adverse EJ factors than those living near the quarry.