Liere v. Sheehan

Summary

The court annulled a New York State Department of Environmental Conservation determination imposing a $142,500 civil penalty on a farm operator for alleged solid-waste-management violations. It held that the evidence established the operator processed only land-clearing debris, an activity exempt from the applicable DEC regulations, and therefore dismissed the charges.

Holdings

1. The hearing evidence clearly established that petitioner received and processed only land-clearing debris, not yard waste collected at the curbside.
2. Because petitioner only received and processed land-clearing debris, his activities were exempt from the requirements of 6 NYCRR part 360.
3. The Commissioner's determination was not supported by substantial evidence and therefore had to be annulled.

Questions Presented

1. Whether the evidence established that petitioner received and processed regulated yard waste in addition to land-clearing debris.
2. Whether petitioner's activities were exempt from DEC regulation under 6 NYCRR 360-16.1(b).
3. Whether the Commissioner's determination was supported by substantial evidence.

Disposition

other