Posted by: nevadansagainstgarbage | April 26, 2012

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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Responses

  1. If you read the material noted above, you know Recology’s legal team has recommended the State Environmental Commission dismiss the appeals brought forth on the issuance of the the Jungo Road Landfill. Maybe not so fast, Recology. There is a great article in the Humboldt Sun 3/8: “Move to dismiss Jungo appeals could hinge on AB 94” You can read that article here: if you subscribe to the online version of the Sun. http://​insidenorthernnevada.com/​main.asp?sectionid=2&subsection​id=230&articleid=5077 If you dont subscribe to the online version of the Sun, “Inside Norther Nevada”, you can check it out in the 3/8 version of the printed paper. AB 94 makes it very clear these appellants have rights to appeal the Nevada Department of Environmental Protection’s (NDEP) decision to issue on operating permit to Recology for the proposed Jungo Road Landfill.


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