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Sustainability of Parks, Recycling & Wildlife Legal Defense Fund v. Solano Dep't of Resource Management

ELR Citation: 38 ELR 20269
Nos. No. A120170, (Cal. App. 1st Dist., 10/29/2008)

A California appellate court held that an environmental group challenging proposed revisions to a solid waste facility permit for a local landfill is entitled to an administrative hearing before the county. The county denied the group's hearing request, reasoning that only operators, not third parties, may petition for a hearing relating to the propriety of permit conditions. But California Public Resources Code §44307 affords a party other than a permit applicant or holder the right to an administrative hearing to challenge conditions imposed upon a solid waste permit. Section 44307 authorizes an applicant to challenge conditions imposed on a permit if the applicant deems them to be "inappropriate." However, it also allows any other person to challenge an agency