Sec., ANR v. Towns, Green Mtn. Sanitation, et.al., ORDER, (E95-021)

                              STATE OF VERMONT

                            ENVIRONMENTAL COURT


SECRETARY,                                        }
 Vermont Agency of Natural Resources,             }
     Plaintiff/Applicant,                         }
                                                  }
          v.                                      }    Docket No. E95-021
                                                  }
RICHARD TOWNS,                                    }
 GREEN MOUNTAIN SANITATION, INC. and              }
 HARDWICK RECYCLING & SALVAGE, INC.               }
     Respondents.                                 }


                                     ORDER

     On March 23, 1995, the Secretary of the Vermont Agency of Natural
Resources filed an Application for Emergency Order in this matter with the
Environmental Court, pursuant to 10 V.S.A. 8003(a)(3), (a)(9), 8004 and
8009 and V.R.C.P. 76(c), supported by affidavits. The application was
scheduled to be presented to the court on March 27, 1995 at 1:00 p.m. The
Secretary, acting at the request and on behalf of the Environmental Board
under 10 V.S.A.  8004, is represented by Christine Melicharek, Esq.; 
Respondents are represented by John L. Franco, Jr., Esq. 

     On March 21, 1995, Respondents filed a complaint with the U.S. District
Court for the District of Vermont, seeking declaratory and injunctive relief,
in particular to enjoin the Vermont Environmental Board, Secretary Ripley and
Attorney General Amestoy from taking civil enforcement action against
Respondents.  On March 27, 1995 the federal court declined to issue a
temporary restraining order or preliminary injunction to prevent the
proceedings in this court from going forward.  That morning, Respondents
advised this court that they intended to file various motions preliminary to
the afternoon proceedings on the application for emergency order. 

     Accordingly, the Court held a prehearing telephone conference on March
27, 1995 at 11:00 a.m., to determine what motions were planned to be filed
and whether they should be addressed before proceeding with the application
for emergency order.  Because the Secretary does not seek immediate
restriction of Respondents' operations, but rather proposes an order to take
effect on April 3, 1995, the Court with the parties' agreement postponed the
presentation of the emergency order to Tuesday, March 28, 1995 at 1:00 p.m.
at Chittenden Superior Court in Burlington.   The Court set a schedule for
the filing of motions and supporting and responsive memoranda by 5:00 p.m. on
March 27, 1995. 

Motion to Dismiss on the Grounds of "Abstention" (FN1) (not included)