I do not know if the JBI story will go this route, but I am highly, highly confident that NYDEC has the legal authority to grant temporary permission for a company to operate, even at full capcity, just like they had the authority to grant JBi authority to do the build and run for testing purposes.
To be frank, based on what I haver seen, I do not think there is a regulatory law written in this country that does not have caveats written in where special authorities and permissions can be tapped.
Particularly in this capitalist country, does anyone really think any ENVIRONMENTAL law would have been passed and subsequent regulation finalized that was completely black and white and, thus, completely tied the administrator's hands from allowing an up and comiong business to operate and make some money while paper work is worked out? Seriously, does anoyone really believe that? If one does, IMO, that person knows nothing about the reality of how environmental protection is and is not enforced in the US.
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