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TOXIC WASTE IMPACT GROUP v. LEAVITT

No. 65334.

755 P.2d 626 (1988)

TOXIC WASTE IMPACT GROUP, INC., Appellee, v. Joan K. LEAVITT, State Commissioner of Health, for the Oklahoma State Department of Health; and Environmental Solutions, Inc., Appellants.

Supreme Court of Oklahoma.

As Modified on Denial of Rehearing May 23, 1988.

Attorney(s) appearing for the Case

Jesse L. Sumner, James H. Laughlin, Bartlesville, for appellee.

Robert D. Kellogg, Oklahoma State Dept. of Health, Oklahoma City, for appellant Dept. of Health.

Holliman, Langholz, Runnels & Dorwart, Frederic Dorwart, J. Michael Medina, William Lane Pennington, Dale J. Gilsinger, Tulsa, for appellant Environmental Solutions, Inc.

DOOLIN, Chief Justice.

The questions we address today are: 1) whether the district court made an error of law by including the sub-surface storage area of an industrial waste injection well in computing the outer perimeter of the disposal site, and 2) whether Toxic Waste Impact Group, Inc. [TWIG] had standing to raise the issue of failure of notice and an opportunity to be heard. We answer the first question affirmatively...

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