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MARINE SHALE PROCESSORS v. STATE, DEPT. OF ENV. QUALITY

Nos. CW/89/1176, CW/89/1360.

551 So.2d 643 (1989)

MARINE SHALE PROCESSORS v. STATE of Louisiana, DEPARTMENT OF ENVIRONMENTAL QUALITY.

Court of Appeal of Louisiana, First Circuit.

Writ Denied September 29, 1989.

Attorney(s) appearing for the Case

Louis R. Davis, Lafayette, Paul T. Gallagher, and H. Adam Lawrence, Baton Rouge, for Marine Shale Processors, Inc.

Elizabeth R. Megginson and John B. King, DEQ, William J. Guste, Jr., Atty. Gen., Russell R. Hodges, II, Staff Atty., Baton Rouge, for the State and DEQ.

Before COVINGTON, C.J., and WATKINS and SHORTESS, JJ.

THESE MATTERS HAVE BEEN CONSOLIDATED

WRIT GRANTED IN PART; DENIED IN PART. The trial court has no subject matter jurisdiction to grant declaratory relief either as to the original water resource order, the foreign waste matter or the aggregate matter. These three matters fall within the specific province of the Department of Environmental Quality (hereinafter DEQ) and this court, under Louisiana Revised Statutes 30:2024. The statutory scheme is not ambiguous. See...

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