Payne v. Ohl

No. CIV.A. 2:99 CV 35 (67 F.2d 594) (N.D. W. Va. September 20, 1999)

ELR Digest

The court holds that a state health department properly denied an application for a permit to construct and operate a medical waste facility. The facility failed to provide two state agencies with the pre-siting notice that the state medical waste siting act required before the legal advertisement of the proposed facility was published by the county waste commission. The court first holds that the clear and unambiguous language of the act requires that all four state agencies receive copies of the pre-siting notice before a county commission can properly publish the required legal advertisement. The fact that the state legislature has expressly stated that the purpose of the act is to provide the public with an opportunity to participate in the decision to site facilities such as the one proposed makes it even more clear that all four agencies are required to receive copies of the pre-siting notice. Therefore, in order for the public to have a meaningful opportunity to participate in the decision, the state agency to which they will turn for information must be fully apprised of the specifics with regard to the proposed facility.

The full text of this opinion is available from ELR (6 pp., ELR Order No. L-111).

Counsel for Plaintiff
David L. Yaussy
Robinson & McElwee
600 United Center
500 Virginia St., Charleston WV 25326
(304) 344-5800

Counsel for Defendant
Charlene A. Vaughan
Vaughan Law Offices
232 Capitol St., Charleston WV 25301
(304) 342-3900

[30 ELR 20167]

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]