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DEPT. OF ENVIRONMENTAL QUALITY v. GIBSON

Docket No. 46217.

461 P.3d 706 (2020)

Idaho DEPARTMENT OF ENVIRONMENTAL QUALITY, Plaintiff-Respondent, v. David R. GIBSON, dba Black Diamond Compost Products, and VHS Properties, LLC, Defendants-Appellants.

Supreme Court of Idaho, Boise, December 2019 Term.

Petition for Rehearing Denied: May 7, 2020.

Attorney(s) appearing for the Case

Vernon K. Smith Law Office, Boise, for Appellants. Vernon K. Smith argued.

Lawrence G. Wasden , Idaho Attorney General, Boise, for Respondent. Mark Cecchini-Beaver argued.

The Department of Environmental Quality ("DEQ") brought a civil enforcement action under the Environmental Protection and Health Act against David Gibson and VHS Properties, LLC, ("VHS"), for illegally operating a composting facility. After a three-day bench trial, the district court determined that Gibson was operating a...

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