Browning-Ferris, Inc. v. Baltimore County
Browning-Ferris, Inc. v. Baltimore County
Opinion of the Court
Browning-Ferris, Inc. (BFI), the owner and operator of the Norris Farm Sanitary Landfill in Baltimore County, Maryland, filed an action in federal court against state and county officials and alleged that the defendants had arbitrarily and capriciously refused to renew BFI’s refuse disposal permit for the Norris Farm Landfill. BFI alleged that the defendants were motivated by improper political or personal motives and singled out BFI for adverse treatment during the permit renewal process.
I.
The Maryland Department of Health and Mental Hygiene (DHMH) initiated an administrative proceeding against BFI by issuing a complaint and order denying the Norris Farm Landfill application for renewal of a permit and ordering that the facility be closed. The complaint was issued on May 21, 1984. At that time, the district court denied BFI’s motion for a temporary restraining order. On October 11, 1984, BFI’s action was dismissed on abstention grounds before the defendants filed an answer. Under the circumstances, no findings of fact or conclusions of law were made as to the merits of the § 1983 claims.
BFI had been operating the Norris Farm Landfill since March 1981 in accordance with a state refuse disposal permit that authorized a landfill elevation of approximately 55 feet. Residents in the nearby community of Dundalk opposed the continued operation of the landfill.
BFI, the State of Maryland, and Baltimore County allegedly entered into an agreement, dated June 11, 1981.
BFI applied for a permit renewal at the end of the three-year period, and DHMH determined that BFI was not entitled to renew the permit because it had violated a condition of the existing permit. DHMH claimed that BFI failed to offer the County a contract of sale for the property. BFI claims that it will honor the 1981 agreement by closing the landfill when it reaches capacity. BFI alleges that the County has not delivered a substantial amount of trash to the landfill and that for this reason the landfill has not reached capacity and therefore has not been closed.
BFI characterizes the suit as a contract dispute about the terms of the agreement and argues that the application of Maryland environmental laws governing land use permits is not necessary. The State issued a complaint against BFI, charging that it violated the state permit and the terms in the attached agreement. The State’s order denying the permit renewal was issued on May 21, 1984, and BFI filed an administrative appeal to prevent the order from becoming final. After an admin
II.
The issue presented in this case is whether the district court correctly invoked the doctrine of Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098, 87 L.Ed. 1424 (1945), and dismissed BFI’s claim in light of the pending state administrative proceedings that had been initiated by the State in order to deny BFI a permit for the Norris Farm Landfill.
BFI argues that this, case involves a pure question of contract law and that the district court will not have to decide complex and technical questions concerning how a landfill dump may be operated. BFI argues that no statewide regulatory scheme governing landfill operations is involved and that no specialized state courts have the power to decide questions concerning a landfill operator’s ability to comply with applicable environmental and health regulations. The Maryland statutes and regulations, however, contain a comprehensive regulatory scheme governing the operation of landfills and the statute reflects a state legislative policy of closely monitoring landfill operations. See Md.Health Environ. Code Ann. § 9-210 et seq. (1984); Md. Admin.Code Tit. 9. As the district court noted, the state regulations governing landfill operations are lengthy and detailed and involve complex scientific questions that must be reviewed before a permit for a waste disposal facility is approved. The Burford requirement that a complex state regulatory scheme be involved in order for a district court to abstain is sufficiently present in this case.
Additionally, land use questions, especially those that involve the regulation of trash dumps, are the peculiar concern of local and state governments, and traditionally, federal courts have not interfered with state courts in the area of land use policy. See Caleb Stowe Associates v. County of Albemarle, 724 F.2d 1079, 1080 (4th Cir. 1984). Accord ADA-Cascade Watch Co. v. Cascade Resource Recovery, 720 F.2d 897 (6th Cir. 1983) (.Burford abstention approved where state had permit system governing operation of waste facilities). The sole issue in the ongoing state proceedings is whether BFI violated the terms of its landfill permit. If a federal court heard this case now, it would eventually be required to decide if BFI was eligible for a permit; and, if BFI was eligible, the court would have to order the state
BFI argues that no specialized state court hears appeals concerning landfill permit decisions and that an appeal in this case will be heard by a Maryland state court having general jurisdiction. BFI argues that this Court held in Education Services v. Maryland State Board of Higher Education, 710 F.2d 170 (4th Cir. 1983), that for Burford abstention to apply there must be a specialized court that is part of an integral state regulatory scheme. We, however, find that a final appeal to a central administrative court with special expertise and jurisdiction to decide only certain kinds of cases is not an absolute prerequisite for the application of Burford abstention. See, e.g., Alabama Public Service Commission v. Southern Railway, 341 U.S. 341, 71 S.Ct. 762, 95 L.Ed. 1002 (1951); Aluminum Co. v. Utilities Commission of State of North Carolina, 713 F.2d 1024 (4th Cir. 1983).
In this case, we have an ongoing state administrative process in which BFI has presented evidence at two DHMH hearings and under which BFI may later appeal to a Maryland State court. These proceedings were initiated before BFI filed this action in federal court, and throughout the state administrative proceedings, BFI will have the opportunity for adequate and fair administrative review. We find that the district court was correct in applying abstention to avoid interfering with these ongoing state proceedings.
For the reasons stated above, the judgment of the district court is affirmed.
AFFIRMED.
. The facts surrounding the terms of the agreement are disputed, and we express no view as to the merits of BFI's constitutional claim, especially in light of the fact that there are ongoing state administrative proceedings in which the parties are litigating about the terms of the agreement.
. See Md.Health Code Ann. § 2-207 (1982); Md. State Gov. Article § 10-215 (1984) (providing for judicial review of administrative decisions).
. The parties have addressed the issue of whether Pullman abstention or Younger abstention would apply to this case. See Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971); Railroad Comm’n of Texas v. Pullman Co., 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941). In light of our decision to affirm on the grounds that Burford abstention was proper, we do not address the parties' other arguments on appeal.
Reference
- Full Case Name
- BROWNING-FERRIS, INC. v. BALTIMORE COUNTY, MARYLAND, a body corporate and politic Department of Health and Mental Hygiene, Harry R. Hughes, Governor, State of Maryland, Donald P. Hutchison, Baltimore County Executive, William M. Eichbaum, Assistant Secretary for Environmental Programs, Department of Health and Mental Hygiene, Ronald Nelson, Director, Waste Management Administration, Adele H. Wilzack, Secretary of Health and Mental Hygiene, Ted Zaleski, Jr., Director, Baltimore County Department of Permits and Licenses
- Cited By
- 28 cases
- Status
- Published