SAVE OUR DUNES v. ALA. DEPT. OF ENVIRONMENTAL MGMT.

Nos. 86-7014, 86-7021 and 87-7052.

834 F.2d 984 (1987)

SAVE OUR DUNES, the Alabama Conservancy, League of Women Voters of Mobile, Sierra Club and League of Women Voters of Baldwin County, Plaintiffs-Appellees, v. ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, et al., Defendants, Leigh Pegues, ind. and in his official capacity, Defendant-Appellant. SAVE OUR DUNES, the Alabama Conservancy; League of Women Voters of Mobile, Sierra Club, and League of Women Voters of Baldwin County, Plaintiffs-Appellees, v. ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, et al., Defendants, Alabama Environmental Management Commission, Dewey A. White, Jr., ind. and in his official capacity, Thomas R. DeBray, ind. and in his official capacity, Claire B. Elliot, ind. and in her official capacity, Russell L. Riley, ind. and in his official capacity, M. Cameron McDonald, ind. and in her official capacity, J. Ernest Farnell, ind. and in her official capacity, Stanley L. Graves, ind. and in his official capacity, Defendants-Appellants. SAVE OUR DUNES, the Alabama Conservancy, League of Women Voters of Mobile, Sierra Club, and League of Women Voters of Baldwin County, Plaintiffs-Appellees, v. ALABAMA ENVIRONMENT MANAGEMENT COMMISSION, Dewey A. White, Jr., ind. and in his official capacity, Thomas R. DeBray, ind. and in his official capacity, Claire B. Elliot, ind. and in her official capacity, Russell L. Riley, ind. and in his official capacity, M. Cameron McDonald, ind. and in her official capacity, J. Ernest Farnell, ind. and in his official capacity, and Stanley Graves, ind. and in his official capacity, Malcolm Baldridge, Secretary U.S. Department of Commerce; Peter Tweedt, Director of Ocean & Coastal Resources Management and Developers South, and Collegiate Enterprises, Inc., Defendants, Leigh Pegues, the Director of Alabama Department of Environmental Management, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

December 31, 1987.


Attorney(s) appearing for the Case

David P. Broome, McDonough & Broome, Mobile, Ala., for Leigh Pegues, etc. — appellants 86-7014.

David R. Boyd, Balch & Bingham, Montgomery, Ala., for Alabama Environmental, et al. — appellants 86-7021.

Euel A. Screws, Jr., Copeland, Franco, Screws & Gill, Montgomery, Ala., Joel E. Dillard, Baxley, Dillard & Dauphin, Birmingham, Ala., for Collegiate Enterprises — appellants 85-7798.

Marie A. Iizuka, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., Kenneth E. Vines, Asst. U.S. Atty., Montgomery, Ala., for Government defendants — all cases.

L. Gilbert Kendrick, Moore, Kendrick, Glassroth, Harris, Bush & White, Montgomery, Ala., Frederick S. Middleton, III, Southern Environmental Law Center, Charlottesville, Va., for Save Our Dunes, etc.

Before HILL and EDMONDSON, Circuit Judges, and ARONOVITZ, District Judge.


EDMONDSON, Circuit Judge:

By statute and administrative regulation, Alabama has created a means of controlling development along its coastline. Briefly stated, developers wishing to erect structures in the state's defined coastal zone must first apply for and obtain a building permit from the Alabama Department of Environmental Management (ADEM). State law provides that persons "aggrieved" by ADEM's decision on a permit application may appeal to the Alabama Environmental...

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