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Davis v. Wood

ELR Citation: 11 ELR 20643
Nos. No. 80-272-M.P., 427 A.2d 332/(R.I., 03/27/1981)

The court rules that the Solid Waste Management Corporation Act does not constitute an unconstitutional delegation of legislative power and upholds the state Department of Environmental Management's (DEM's) denial of a solid waste disposal permit. The Act requires that a permit be issued in order to operate a solid waste management facility and gives the director of the DEM authority to establish permit standards. Reading the Act in its entirety, the court rules that the "environmentally sound" standard established by the Act is an adequate standard on which to base regulations. The court also rules that although the combination of prosecutorial and judicial functions in the same individual for the same proceeding is unconstitutional no such combination was shown in this case. There was thus no violation of plaintiff's due process rights.

Council for Plaintiff-Respondent
Leonard A. Kiernan Jr., Thomas C. Plunkett
Rice, Dolan, Kiernan & Kershaw
Suite 3-A, 101 Dyer St., Providence RI 02903
(401) 272-8800

Council for Defendant-Petitioner
Sean O. Coffey, Chief Legal Counsel
Department of Environmental Management
83 Park St., Providence RI 02903
(401) 277-2771

Counsel for Amicus Curiae
Daniel J. Schatz, Special Ass't Attorney General
Providence Cty. Cthse., Providence RI 02903
(401) 831-6850

SHEA, J., did not participate.