Legal Opinion

American Recovery Co. v. Department of Health & Mental Hygiene

Court of Appeals of Maryland

Decided April 4, 1986No. 116, September Term, 1984PublishedCited by 10 opinions

1Opinion of the Court

COLE, Judge.

The primary question we shall decide in this case is whether former § 8-1416(d) of the Natural Resources Article 1 requires a showing of actual harm to the environment before a civil penalty may be assessed for a violation of Maryland’s hazardous waste laws.

Appellant, American Recovery Company, Inc. (ARC), is a Maryland corporation licensed by appellee, the Department of Health and Mental Hygiene (DHMH), to store and treat certain hazardous wastes at a designated facility in the Curtis Bay area of Baltimore City. On May 5, 1982, the Secretary of Health and Mental Hygiene, acting…

2Cases cited13 opinions

  1. Withrow v. LarkinSupreme Court of the United States · 1975
  2. United States v. Chicago, Milwaukee, St. Paul & Pacific R.Supreme Court of the United States · 1935
  3. Cinderella Career and Finishing Schools, Inc., Stephen Corporation, Vincent Melzac v. Federal Trade CommissionCourt of Appeals for the D.C. Circuit · 1970
  4. United Steelworkers of America AFL-CIO, Local 2610 v. Bethlehem Steel Corp.Court of Appeals of Maryland · 1984
  5. Consumer Protection Division Office of the Attorney General v. Consumer Publishing Co.Court of Appeals of Maryland · 1985

8 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Romm v. FlaxCourt of Appeals of Maryland · 1995
  2. Reier v. State Department of Assessments & TaxationCourt of Appeals of Maryland · 2007
  3. Regan v. State Board of Chiropractic ExaminersCourt of Appeals of Maryland · 1999
  4. INTERNATIONAL ASS'N OF FIRE FIGHTERS v. Mayor & City Council of CumberlandCourt of Appeals of Maryland · 2008
  5. Harris v. EichbaumDistrict Court, D. Maryland · 1986

5 more not listed; retrieve them via the Exa API.

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