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BROD v. AGENCY OF NATURAL RESOURCES

No. 06-032.

936 A.2d 1286 (2007)

2007 VT 87

Ernest BROD and Residents Concerned About Omya v. AGENCY OF NATURAL RESOURCES.

Supreme Court of Vermont.

August 24, 2007.

Attorney(s) appearing for the Case

David K. Mears, Environmental and Natural Resources Law Clinic, South Royalton, for Plaintiffs-Appellants.

William H. Sorrell, Attorney General, and Bridget C. Asay and Holly A. Harris, Assistant Attorneys General, Montpelier, for Defendant-Appellee.

Present: DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ., and DAVENPORT, Supr. J., Specially Assigned.

¶ 1. BURGESS, J.

Plaintiffs Ernest Brod and Residents Concerned About Omya appeal a superior court order dismissing their complaint challenging the validity of a now defunct administrative rule adopted by defendant Agency of Natural Resources (ANR). Plaintiffs' complaint alleged that the rule resulted in waste from a neighboring mining operation polluting the environment. The trial court dismissed plaintiffs' action for lack of standing. We affirm.

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