And just when you thought you knew everything.

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MedRecycler appealed to an internal DEM board called the Administrative Adjudication Division. But that board found that the application was moot because MedRecycler no longer had a lease for the proposed location in West Warwick, near the line with East Greenwich.

Now, MedRecycler is going to court to press its case again. It says the new law restricting these sorts of facilities didn’t include any retroactive language, so it shouldn’t apply to its permit application. It’s asking the court to reverse the DEM’s decision denying the application as moot, or to make a decision on the merits of its actual arguments — in other words, a decision that would explicitly rule on whether MedRecycler should get a permit.

MedRecycler points out in its court filing that the DEM had allowed it to change locations once during the application process, from Johnston to West Warwick. That appears to set the groundwork for an argument that even if it no longer has the lease in West Warwick, it should be able to get a permit to open a facility somewhere else in Rhode Island.

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