RESIDENTS v. DEPT. OF ENVIRONMENTAL QUALITY

Record No. 1407-95-2.

471 S.E.2d 796 (1996)

22 Va. App. 532

RESIDENTS INVOLVED IN SAVING THE ENVIRONMENT, INC., et al. v. COMMONWEALTH of Virginia/DEPARTMENT OF ENVIRONMENTAL QUALITY and Peter W. Schmidt, Director.

Court of Appeals of Virginia, Richmond.

June 18, 1996.


Attorney(s) appearing for the Case

Clarence M. Dunnaville, Jr. (Henry L. Marsh, III; Harold M. Marsh; David S. Bailey; Hill, Tucker & Marsh, on briefs), Richmond, for appellants.

Deborah Love Feild, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellees.

Timothy G. Hayes (Clayton L. Walton; Williams, Mullins, Christian & Dobbins, on brief), Richmond, for intervener Browning-Ferris Industries of South Atlantic, Inc.

Present: ELDER, BRAY and FITZPATRICK, JJ.


FITZPATRICK, Judge.

Residents Involved in Saving the Environment, Inc. (Residents)1 appeal the circuit court's decision affirming the Department of Environmental Quality's (the Department) issuance of a sanitary landfill permit to Browning-Ferris Industries of South Atlantic, Inc. (BFI). Residents argue that the Director of the Department (Director) violated Code § 10.1-1408.1(D) by issuing...

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