"DEP has the final say on exemption requests, not the 15 member highlands council that has yet to be seated."
My comment: The most that the court will do subsequent to our lawsuit is tell the DEP to go back and review their decision again. Guess what? The DEP will go back and look at the cc application if they are forced to do so. What do you think that they will find, folks? The answer is that they will find that their original decision was just within the guidlines of the law; it never had to go before the council. One does not have to be a legal scholar to figure out this one.
ps - The Sierra Club passed a resolution, - - - yada, yada, yada. But, where is their money? Why have they have not filed suit or enjoined RT in its lawsuit? The Sierra Club put forth a nice public position, but have not put their money where their mouths are. Maybe they are smart enough to realize that this is a loosing battle, so why waste good money on it. Their proposition still looks great on paper and costs them nothing. The town better be working on a contingency plan as this one is not going to work.