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FREDERICK COUNTY BUSINESS PARK, LLC v. VIRGINIA DEPT. OF ENVIRONMENTAL QUALITY

Record No. 081175.

677 S.E.2d 42 (2009)

FREDERICK COUNTY BUSINESS PARK, LLC, et al. v. VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY, et al.

Supreme Court of Virginia.

June 4, 2009.

Attorney(s) appearing for the Case

Steven T. Webster (Aaron S. Book, Webster Book, on briefs), Leesburg, for appellants.

Kerri L. Nicholas, Asst. Atty. Gen. (William C. Mims, Atty. Gen.; Roger L. Chaffe, Senior Asst. Atty. Gen., on brief), for appellees.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and GOODWYN, JJ., and LACY, Senior Justice.

OPINION BY Senior Justice ELIZABETH B. LACY.

In this appeal from a Court of Appeals' judgment sustaining the decision of the Virginia Department of Environmental Quality (DEQ), we consider whether the DEQ's decision that a facility proposed by Frederick County Business Park, LLC (FCBP), was a materials recovery facility (MRF) subject to the permitting requirements of the Virginia Solid Waste Management Regulations, 9 VAC § 20-80-10, et seq., was arbitrary or...

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