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BROWNING-FERRIS INDUSTRIES v. RESIDENTS

Record Nos. 961426, 961462.

492 S.E.2d 431 (1997)

BROWNING-FERRIS INDUSTRIES OF SOUTH ATLANTIC, INC. v. RESIDENTS INVOLVED IN SAVING THE ENVIRONMENT, INC., et al. COMMONWEALTH of Virginia DEPARTMENT OF ENVIRONMENTAL QUALITY, et al. v. RESIDENTS INVOLVED IN SAVING THE ENVIRONMENT, INC., et al.

Supreme Court of Virginia.

September 12, 1997.

Attorney(s) appearing for the Case

Timothy G. Hayes (Hunton & Williams, on briefs), Richmond, for appellant.

Clarence M. Dunnaville, Jr. (Henry L. Marsh, III: Ephfrom R. Walker, III; David S. Bailey; Hill, Tucker & Marsh, on brief), Richmond, for appellee.

Present: CARRICO, C.J., COMPTON, STEPHENSON, HASSELL and KEENAN, JJ., and POFF and WHITING, Senior Justices.

KEENAN, Justice.

The primary issue in this appeal is whether Code § 10.1-1408.1(D) requires the Director of the Department of Environmental Quality (the Director), before issuing a permit for a new solid waste management facility, to make an explicit determination that the proposed facility poses "no substantial present or potential danger to human health or the environment."

The facts in this appeal are not in dispute. In September 1990, Browning-Ferris...

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