Dump Documents Dispatch #6
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Many of the issues involved in upcoming appeals to the courts of the Board of Environmental Protection's decision about the West Old Town Landfill (WOTL) center around important questions about whether the DEP acted outside its statutory authority during the permitting process. For instance, is the DEP allowed to begin "substantive review" of an application before that application has been received as "complete for processing"? The courts must decide, we believe, whether the DEP acted within the bounds of their own Chapter 2 rules of procedure.

Of related interest is DEP involvement in early planning and decision making meetings related to the transfer of the landfill, whether as originally conceived directly from Georgia-Pacific to Casella, or as latter arranged, from G-P to Casella via formal State ownership. Since DEP staff were documented as participating in early meetings with the Governor's office, edited the Resolve, and wrote the first draft of the RFP, we need to ask: Why was the DEP involved to this level at this stage of the process? We have been advised that perhaps this involvement is customary and legitimate, unless perhaps decision makers are involved.

As the document below shows, the DEP's only decision maker in this process, Commissioner Dawn Gallagher, was involved, even to the point of vetting good alternative ideas with the Governor before responding (if ever.) Why was only one proposal ever on the table, while all alternatives were sidetracked? What exactly is the relationship between the Governor, the "decision maker," and the corporate client?

Read on, and draw appropriate conclusions as to the entanglements, and whether these relationships could ever possibly result in fair outcomes. Also: does anyone out there who may be reading this know the current whereabouts of David Lennett?

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