ATTORNEY GENERAL LYNCH v. RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
Attorney General Patrick C. Lynch,
Rhode Island Department of Environmental Management et al.
Nos. 2008-235-M.P, 2009-57-Appeal, (PC 08-735).
Supreme Court of Rhode Island.
May 5, 2010.
Terrence J. Tierney, Department of Attorney General, for Plaintiff.
John A. Langlois, Sr., Esq., Department of Environmental Management Melody A. Alger, Esq., for Defendant.
Present: Suttell, C.J., Goldberg, Flaherty, and Robinson, JJ.
Justice Robinson for the Court.
This appeal ultimately derives from a decision by the Department of Environmental Management (DEM) in 2003 to issue a license to operate a refuse facility in the City of East Providence. We are called upon to determine whether the administrative appeal of the plaintiff, Attorney General Patrick C. Lynch, from the issuance of that 2003 license has been rendered moot by the expiration of, subsequent renewal of, and later transfer of said license.1
For the reasons set forth herein, it is our opinion that the issue of the validity (vel non) of the 2003 license is not moot. Accordingly, we grant the Attorney General's petition for certiorari and quash the judgment of the Superior Court.IFacts and Travel
Pond View Recycling, Inc., the predecessor in interest to defendant TLA-Providence LLC (TLA),2 operated a refuse facility in East Providence that was allowed to receive up to 150 tons per day of construction and demolition debris.3 Between August of 2000 and July of 2002, Pond View began the process of applying for a DEM license pursuant to which it would be able to operate at a 500 tons per day capacity. See G.L. 1956 § 23-18.9-9.