Appeal of Conservation Law Foundation

Summary

The Supreme Court of New Hampshire affirmed the New Hampshire Waste Management Council’s denial of Conservation Law Foundation’s appeal of a landfill expansion permit issued to Waste Management of New Hampshire, Inc. The court held that ambiguities in the permit’s waste-diversion condition did not render the Council’s decision unlawful or prevent a determination that the permit provided a substantial public benefit. The court also rejected due process and administrative-process challenges based on the anticipated future refinement of the diversion-rate calculation.

Holdings

1. Ambiguities in the permit condition did not render the Council's decision unlawful because the record supported DES's determination that Condition 21 would assist New Hampshire in implementing its waste-reduction hierarchy and goals and therefore supported the required substantial-public-benefit finding.
2. The fact that DES and WMNH would later determine details of the diversion calculation did not make the permit unlawful or improperly deprive CLF of appellate rights.

Questions Presented

1. Whether the New Hampshire Waste Management Council erred in upholding the landfill expansion permit despite ambiguities in Condition 21 concerning calculation of the waste-diversion rate and selection of waste generators.
2. Whether the Council unlawfully relied on future negotiations between the Department of Environmental Services and Waste Management of New Hampshire to resolve the ambiguities.
3. Whether the ambiguities impaired appellate review, violated administrative procedure, or deprived Conservation Law Foundation of a meaningful opportunity to be heard.

Disposition

affirmed