State, State Environmental Commission v. John Lawrence Nevada

OPINION

Appellant, the State of Nevada Department of Conservation & Natural Resources, Division of Environmental Protection (DEP), issued an air quality permit to respondent John Lawrence Nevada, Inc. in January of 1989. This permit allowed John Lawrence to construct a housing subdivision and golf course in Dayton, Nevada. The permit also required John Lawrence to control fugitive dust from disturbed areas “using best practical methods.”

Construction of the project began on March 27, 1989. John Lawrence attempted to control the dust raised by its activities with water trucks, sprinklers, and…