For anyone interested in the 12 hours of testimony before the Nevada SEC, you may give a listen by clicking here for tape one, and here for tape two of the audio recording of the event.
AUDIO OF SEC APPEAL
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RPC MEETS TO DISCUSS JUNGO ROAD AREA MASTER PLAN
The Regional Planning Commission meets Thursday, May 24 at 5:30 PM at the Humboldt County Courthouse-Meeting Room. On the agenda is Review and discussion of Land Use and Map (Master Plan) for the Jungo Road area. There are numerous forty acre parcels in the vicinity of the proposed landfill that have been sold via the internet. If you care at all about this issue, it might be a good idea to show up and pay attention.
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SEC VOTES TO UPHOLD RECOLOGY OPERATING PERMIT
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All we know at this point is that the appeal brought before the SEC challenging the operating permit granted to Recology by NDEP has failed. All three SEC members hearing the appeal voted to support NDEP and uphold the permit. Further details will follow as they become available.
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CDF RESPONSE TO NDEP AND RECOLOGY BRIEFS
Click here to read the Clean Desert Foundation responding brief.
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APPELLANT COOK’S RESPONDING BRIEF TO NDEP AND RECOLOGY BRIEFS
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SEC POSTS NDEP AND RECOLOGY RESPONSE TO APPELLANTS’ OPENING BRIEFS
You can read Recology’s responding brief by clicking here. You can read Nevada Division of Environmental Protection’s Response to Opening Briefs of Clean Desert Foundation, Inc., et al by clicking here.
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RECOLOGY LAWYERS FILE MOTION TO DISMISS SEC APPEAL
This makes for an interesting read. The question before the SEC is whether or not NDEP, in issuance of the permits, failed to carry out their stated mission of protection of the environment of the state and by doing so, abused their legal authority. The motion to dismiss appears to be a combination strawman (Misrepresenting someone’s argument to make it easier to attack. By exaggerating, misrepresenting, or just completely fabricating someone’s argument, it’s much easier to present your own position as being reasonable or valid, but this kind of dishonesty serves to undermine rational debate.) and ad hominem attack (Attacking your opponent’s character or personal traits instead of engaging with their argument. Ad hominem attacks can take the form of overtly attacking somebody, or more subtly casting doubt on their character. The result of an ad hominem attack can be to undermine someone without actually having to engage with their argument.) It appears as though Recology does not want to debate the real issues since the question at hand involves the NDEP and the permitting process.
You can read the Motion to Dismiss by clicking here.
NAC 445B.877 “Appellant” defined. (NRS 233B.050) “Appellant” means any person:
1. Who requests a hearing before the Commission, pursuant to chapter 278, 444, 444A, 445A, 445B, 459, 486A or 519A of NRS or the Commission’s regulations concerning the control of air or water pollution or the management of solid waste; or
2. Whose appearance before the Commission is required by:
(a) The Director;
(b) An authorized representative of the Director; or
(c) A person who is designated by or pursuant to a county or city ordinance or a regional agreement or regulation to enforce local ordinances or regulations for the control of air pollution.
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CLEAN DESERT FOUNDATION FILES APPEAL BRIEF WITH SEC
Two appeal briefs have been filed with the State Environmental Commission, one by the Clean Desert Foundation (CDF) and the other by Robert Hannum who is a property owner just across the road from the proposed Jungo Landfill Site. Both appellants are represented by local attorney Robert Dolan. The two appeals are quite lengthy and can be viewed in their entirety by clicking here. Knowing that most people will not have the time to read the entire briefs, we have presented the first twenty pages of the CDF Brief here. We feel this excellent summation is to the point and reflects the views of most of the community who have been paying attention. As an aside, if any readers out there have hit it big at a casino or have some extra tax refund money, a donation to the Clean Desert Foundation would be a worthy cause. It all costs money.
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JUNGO LANDFILL APPEAL SCHEDULED–DATE AND LOCATION
A three-member panel of the State Environmental Commission (SEC) has scheduled an appeal hearing on the above referenced permit. The hearing will be held on Monday, May 21, 2012 and continued if needed on Tuesday, May 22, 2012. The hearing will start at 9:30 am and will be held at the Bryan Building in Carson, City Nevada — 901 S. Stewart Street – 2nd Floor Tahoe Room.
To read more, click here.
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NEW BLOG IN TOWN—tRansParenCy=RPC
Which stands for Regional Planning Commission. We’re sure that no one has to be reminded that the current Jungo Landfill fiasco started with the RPC issuing a CUP to Recology. That happened because people were not paying attention. Sure, legal postings were put where they were required, but in our busy world how many people go to the Humboldt County Courthouse (Meeting Room, Addition-Downstairs Foyer, Planning Department Outside Office Bulletin Board & Outside Glass Bulletin Board Bridge Street), Winnemucca City Hall, Humboldt County Library & Post Office? That’s right, nobody does.
As mine expansion and hiring increases, we can expect more building, more permits, more zoning change requests and more business before the RPC. All decisions made by this body will directly affect each and every one of us in a variety of ways; our quality of life and our property values just to name two. Instead of complaining after the fact, maybe we should learn from our mistakes and pay better attention before things get out of hand. This new site makes it easy. All business before the RPC is listed along with staff reports and recommendations. This site should be on your favorites list and in your bookmarks, but the best part is you don’t even have to do this. Elect to receive email notifications of new posts (the same feature is available on this site) and any new information will be sent to your email automatically! CHECK IT OUT.
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