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ENVIRONMENTAL ACTION NETWORK v. WELSH

No. 2016 CA 0906.

224 So.3d 383 (2017)

LOUISIANA ENVIRONMENTAL ACTION NETWORK, Concerned Citizens of Belle River, Hazel Cavalier, & Atchafalaya Basinkeeper, v. James H. WELSH, in His Official Capacity as Commissioner of Conservation & Assistant Secretary of the Louisiana Department of Natural Resources.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied July 19, 2017.

Attorney(s) appearing for the Case

Elizabeth Livingston de Calderon , Adam Babich , New Orleans, Louisiana, Attorneys for Plaintiffs/Appellants, Louisiana Environmental Action Network, Concerned Citizens of Belle River, Hazel Cavalier, and Atchafalya Basinkeeper.

Daniel D. Henry Jr. , John W. Adams , Baton Rouge, Louisiana and Steven B. "Beaux" Jones , Assistant Attorney General, Baton Rouge, Louisiana, Attorneys for Defendants/Appellees, State of Louisiana through the Office of Conservation and James H. Welsh, Commissioner of Conservation.

R. Charles Ellis , Hahnville, Louisiana, Attorney for Intervenor/Appellee, F.A.S. Environmental Services, LLC.

BEFORE: WELCH, CRAIN, AND HOLDRIDGE, JJ.

This is an appeal of the district court's judgment upholding the Louisiana Commissioner of Conservation's order approving an application for construction of a new transfer station for commercial oil and gas exploration and production (E & P) waste. While recognizing the Commissioner's broad statutory authority to regulate, conserve...

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