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CONSERVATION LAW FOUNDATION v. BURKE

No. 92-358.

645 A.2d 495 (1993)

CONSERVATION LAW FOUNDATION, et al. v. Timothy BURKE, Secretary of Agency of Natural Resources, et al.

Supreme Court of Vermont.

Motion for Reargument Denied May 27, 1994.

Attorney(s) appearing for the Case

Lewis Milford and Jeanne Sole, Montpelier, for plaintiff-appellee Conservation Law Foundation.

William M. O'Brien of O'Brien Law Offices, Winooski, for intervenor-appellee City of Winooski.

Dennis R. Pearson and Charles T. Shea of Gravel and Shea, Burlington, for defendant-appellant Safety Medical Systems, Inc.

Jeffrey L. Amestoy, Atty. Gen., and John H. Hasen, Asst. Atty. Gen., Montpelier, for amicus curiae Agency of Natural Resources.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

DOOLEY, Justice.

Safety Medical Systems, Inc. (SMS) appeals from a decision of the Chittenden Superior Court denying it an air pollution control permit to operate a medical waste incinerator because the operation will emit excessive levels of certain toxic substances. The parties opposing the permit are Conservation Law Foundation (CLF), Raymond Gonda, Timothy Kasten, Coca-Cola Bottling Company of New England, Inc., Seventh Generation, Inc., Little Red Wagon Daycare...

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