Appeal of New Hampshire Department of Environmental Services 2022-0691, Appeal of North Country Environmental…

Summary

The court held that Conservation Law Foundation had standing to challenge the landfill expansion permit based on injuries alleged by two members, including continuing harm from noise, odor, views, and property-value impacts. It also held that the hearing officer properly treated the meaning of the governing statute as a legal question but incorrectly interpreted the statute to require the facility to operate exclusively during a period of projected shortfall. The statute gives the Department of Environmental Services discretion to determine whether a proposed facility satisfies a capacity need when a shortfall is projected during the statutory planning period, so the court reversed the Council's decision.