Browning-Ferris Indus. v. Residents Involved in Saving the Env't, Inc

In Browning-Ferris Indus. v. Residents Involved in Saving the Env't, Inc., 254 Va. 278, 492 S.E.2d 431 (1997), the Supreme Court held the language of former Code 10.1-1408.1(D) was "clear and unambiguous, and requires the Director, before issuing a permit for a new solid waste management facility, to make an explicit determination that the proposed facility poses no substantial present or potential danger to human health or the environment." Browning-Ferris Indus., 254 Va. at 284, 492 S.E.2d at 435. The Court further stated: The Director's determination must appear on the face of the agency record. Unlike other statutory provisions such as Code 10.1-1408.1(E), which requires the Director, among other things, to issue "written findings" after reviewing the environmental compliance record of permittees, Code 10.1-1408.1(D) does not mandate that the Director's determination be reduced to writing. Thus, it may be preserved as part of the DEQ record in a recorded or written format. The Director's determination must be made with a degree of particularity that demonstrates a substantive consideration of the statutory factors. A conclusional recitation of the statutory language or a statement that the Director complied with the statute is insufficient to satisfy this statutory mandate. The analysis which the Director employs in considering the statutory factors is a matter submitted to his discretion and expertise under the statutory scheme. Id. at 285, 492 S.E.2d at 435.