Attorney General's Office Taking on TLA/Pond View in Court

The R.I. Attorney General's Office will be representing the City of East Providence and the Rhode Island Department of Environmental Management (DEM) against in Providence Superior Court.

against the Dexter Road facility on Monday, Feb. 6, according to Taryn Hallweaver, a community organizer for Toxics Action Center.

A violation issued by DEM threatened to of the recycling facility. According to Jack Walsh, regional vice president of the business, the to Providence Superior Court.

TLA/Pond View representatives argue the the Refuse Disposal Act violates constitutional rights, according to a memo from Attorney General's Office. However, the revised act is not in violation of General Law, reads the memo. Rather, it clarifies municipal powers; city administrators have an obligation to uphold local zoning ordinances and address quality of life issues, according to the memo.

"In its present complaint filed with this Honorable Court, TLA has attempted to cast a cloud of doubt over the city's authority to require compliance with local zoning ordinances," reads the memo.

The Attorney General's Office is also interested in defending the case because the outcome will potentially serve as case law.

"Ultimately the success of TLA's argument will rest on how the Refuse Disposal Act impacts state-local relationships," reads the memo.

To see the recent pleadings filed on behalf of the Attorney General’s Office relating to TLA/Pond View, click on the attached .pds.