C.V. Landfill, Inc. v. Environmental Bd., 91-012

• Docket Nº: No. 91-012
• Citation: 610 A.2d 145, 158 Vt. 386
• Case Date: May 08, 1992
• Court: United States State Supreme Court of Vermont

Page 145

610 A.2d 145 158 Vt. 386 C.V. LANDFILL, INC.
v.
ENVIRONMENTAL BOARD. No. 91-012. Supreme Court of Vermont. May 8, 1992.

Page 146

[158 Vt. 387] John B. Kassel and Martin K. Miller of Miller, Eggleston & Rosenberg, Ltd., Burlington, for plaintiff-appellant.

Jeffrey L. Amestoy, Atty. Gen., and Conrad W. Smith, Asst. Atty. Gen., Montpelier, for defendant-appellee.

Before [158 Vt. 386] ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

[158 Vt. 387] MORSE, Justice.

Plaintiff C.V. Landfill, Inc. appeals the Washington Superior Court's dismissal of its request for a declaratory judgment that Act 250 did not apply to its landfill operation. C.V. challenges the court's invocation of discretion to dismiss the [158 Vt. 388] complaint. C.V. claims that the court did not have discretion under the declaratory judgment provision of the Administrative Procedure Act (APA), 3 V.S.A. § 807, and the Declaratory Judgments Act (DJA), 12 V.S.A. §§ 4711-4725, to refuse to reach the merits. Alternatively, C.V. claims that if such discretion existed, it was abused. C.V. also appeals the court's dismissal of its request to enjoin Act 250 proceedings against it.

C.V. and its predecessor operated a landfill in East Montpelier since the mid-1960's. The landfill was a pre-existing development under 10 V.S.A. ch. 151 (Act 250), because it was in operation before June 1, 1970. Therefore, it was not required to obtain an Act 250 permit, absent a substantial change. 10 V.S.A. § 6081(b).

Under certification by the Agency of Natural Resources (ANR) aimed at reducing potential pollution from its landfill operation, C.V. was required to eliminate the flow of surface water and leachate through an existing culvert system. C.V. implemented the ANR requirement by capping off the old system, extending an existing ditch, and installing subsurface tanks, a pumphouse, and pipes, but made no change in accepting and processing waste. In March 1990, the local District Environmental Commission Coordinator issued a written advisory opinion indicating that C.V.'s surface water and leachate diversion required an Act 250 permit because the project constituted a substantial change under Environmental Board Rule 2(G). The opinion also advised that C.V. could appeal to the Environmental Board and that failure to do so or to apply for a permit might trigger an Act 250 enforcement proceeding. C.V. did neither and instead filed suit against the Board in Washington Superior Court.

In its complaint, C.V. claimed that its efforts to meet ANR requirements did not constitute a substantial change within the meaning of Rule 2(G) and therefore, as a preexisting landfill, it was exempt from obtaining an Act 250 permit. The trial court dismissed C.V.'s action on the basis of the doctrine of "primary jurisdiction" because, in its view, the Environmental Board was the more appropriate forum to decide the issue.

I.

Under the doctrine of "primary jurisdiction," courts [158 Vt. 389] may refrain from exercising jurisdiction when an alternative tribunal with expertise in the subject matter is available to decide the dispute. See generally 4 K. Davis, Administrative Law Treatise §§ 22:1-22:2 (2d ed. 1983) (disposition of the case by administrative agency charged by statute to adjudicate disputes in a particular specialty promotes utilization of expertise and uniformity of interpretation); see also Smith v. Highway Board, 117 Vt. 343, 349, 91 A.2d 805, 809 (1952) (courts ordinarily do not grant relief prior to an agency decision where the agency has primary jurisdiction).

Environmental Board Rule 3(C) provides that

An advisory opinion of a district coordinator may be appealed to the executive officer of the board. An advisory opinion of the executive officer may be appealed to the environmental board by means of a petition for a declaratory ruling.

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While the DJA and § 807 of the APA allow parties to seek a declaratory judgment in superior court, Rule 3(C) provides an alternative administrative remedy.

Our cases underscore the importance of prior adjudication by administrative bodies, and we conclude that the primary jurisdiction doctrine was particularly suited to this case. In In re State Aid Highway No. 1, 133 Vt. 4, 8, 328 A.2d 667, 669 (1974), we stated that "proceedings under various declaratory judgment statutes cannot be substituted for adequate and available remedies of review ... by administrative tribunals." Courts must, then, consider at the outset whether another body is better suited to resolve the issues before it. I.C.C. v. Maine Central R.R., 505 F.2d 590, 594 (2d Cir.1974) (doctrine of primary jurisdiction applies where a claim is originally cognizable in the courts, and comes into play when resolution of the issues under regulatory scheme requires the special competence of an administrative body). See also Committee to Save the Bishop's House v. Medical Center Hosp. of Vermont, Inc., 136 Vt. 213, 218, 388 A.2d 827, 830 (1978) (when...