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MATTER OF AMERICAN WASTE & POLL. CONTROL

No. 91-CA-1171.

588 So.2d 367 (1991)

In the Matter of AMERICAN WASTE & POLLUTION CONTROL CO. consolidated with In the Matter of CHEMICAL WASTE MANAGEMENT, INC., Lake Charles. consolidated with CHEMICAL WASTE MANAGEMENT, INC. v. STATE of Louisiana, DEPARTMENT OF ENVIRONMENTAL QUALITY. consolidated with In the Matter of DRAVO BASIC MATERIALS CO., INC., Pontchartrain Materials Corporation and Louisiana Materials Company.

Supreme Court of Louisiana.

Rehearing Denied November 21, 1991.

Attorney(s) appearing for the Case

Michael Osborne, Michael D. Conroy, Christopher Gobert, Osborne, McComiskey & Gobert, New Orleans, Paula J. Lawrence, Gordon B. Green, John B. King, Roland T. Huson, III, Raeford C. Lackey, Ann C. Coco, William J. Guste, Jr., Atty. Gen., John B. Sheppard, Jr., Ian Douglas Lindsey, Asst. Attys. Gen., John N. Kennedy, J. Arthur Smith, Baton Rouge, Frederick B. Alexius, Provosty, Sadler & deLaunay, Alexandria, for appellant.

Gerald L. Walter, Jr., Anne J. Crochet, James C. Percy, Schwab & Walter, Baton Rouge, John R. Peters, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Frank J. Peragine, James A. Burton, Susan F. Clade, J. Thomas Hamrick, Jr., Simon, Peragine, Smith & Redfearn, New Orleans, for appellee.

Robin Durant, in pro. per.

Gernine Mary Mailhes, in pro. per.

Michael Tritico, in pro. per.

CALOGERO, Chief Justice.

The Legislature has determined that appeals of final decisions or orders of the Department of Environmental Quality (DEQ) in a permit or enforcement action are to bypass the district court and go directly to the First Circuit Court of Appeal. La.R.S. 30:2024. The court of appeal, in these four consolidated cases, has held that La.R.S. 30:2024 is unconstitutional, because it is in contravention of La. Const. art. V, § 16(A), which vests...

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