Frederick County Business Park, LLC v. Virginia Department of Environmental Quality

MILLETTE, Judge.

Frederick County Business Park (FCBP) appeals from a final judgment of the circuit court upholding the Virginia Department of Environmental Quality’s (DEQ) classification of its proposed facility as a materials recovery facility (MRF). On appeal, FCBP argues DEQ improperly interpreted the solid waste management regulations and the evidence was insufficient to support DEQ’s findings that the proposed facility is a MRF. Rather, FCBP asserts its proposed facility is properly classified as a recycling center. Additionally, DEQ appeals the circuit court’s finding that its March 26,…