Energy Answers made two main arguments to get around the MD state law that prohibits construction of an incinerator less than a mile from a school. One argument was that applying the law to the incinerator would set the project timeline back and cost the project hundreds of millions of dollars in federal stimulus money (which they did not receive). Their other argument was that the incinerator produces electricity and should be regulated as a power plant rather than as an incinerator - therefore the MD state law should not be applied. Maryland Department of Environment was initially opposed to this argument but eventually withdrew opposition. We continue to be disappointed and frustrated by this decision.
Having said all this, our simple answer would be that Energy Answer’s level of influence was enough to evade the law. Energy Answers invested a great deal of resources to navigate the political and legal waters to see the project through.
There are legislative efforts that we have participated in to strengthen the law.