In the Matter of AMERICAN WASTE AND POLLUTION CONTROL COMPANY.
In the Matter of CHEMICAL WASTE MANAGEMENT, INC., LAKE CHARLES.
CHEMICAL WASTE MANAGEMENT, INC.
v.
STATE of Louisiana, DEPARTMENT OF ENVIRONMENTAL QUALITY.
In the Matter of DRAVO BASIC MATRIALS COMPANY, INC., Pontchartrain Materials Corporation and Louisiana Materials Company.
Court of Appeal of Louisiana, First Circuit.https://leagle.com/images/logo.png
March 11, 1991.
Dissenting Opinions March 15, 1991.
Attorney(s) appearing for the Case
Gerald L. Walter, Jr., and James C. Percy, Schwab & Walter, Baton Rouge, for appellant American Waste and Pollution Control Co.
Paula J. Lawrence, and Roland T. Huson, III, Baton Rouge, for appellee Dept. of Environmental Quality.
J. Arthur Smith, Baton Rouge, for intervenors Marc Oray, Dr. Robert Rush, Inglewood Land and Development Corp. and Rio Rouge Development Corp.
John N. Kennedy, Office of the Governor, Baton Rouge, for Governor.
Gerald L. Walter, Jr., Schwab & Walter, Anne J. Crochet, Baton Rouge, for appellant Chemical Waste Management, Inc.
Raeford Craig Lackey, Ann C. Coco, Gordon Green and John B. King, Dept. of Environmental Quality, Office of Legal Affairs and Enforcement, Baton Rouge, for appellee State of La., Dept. of Environmental Quality.
Marvin Harger and Michael Tritico, Lake Charles, for C.L.E.A.N.
Gernine M. Mailhes, Lake Charles, for Calcasieu Parish Police Jury.
James A. Burton, J. Thomas Hamrick, Jr. and Susan F. Clade, Simon, Peragine, Smith & Redfearn, New Orleans, for appellant Dravo Basic Materials Co., Inc.
John R. Peters, Jr., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for appellant Pontchartrain Materials Corp.
Robin B. Durant, in pro per. Louisiana Materials Co., Inc.
Ian Douglas Lindsey, Asst. Atty. Gen., Baton Rouge, for intervenor State of La. through the Dept. of Justice.
Michael Osborne and Christopher Gobert, Osborne & McComiskey, New Orleans, for intervenor Save Our Coast.
Michael D. Conroy, Metairie, for intervenor Lake Pontchartrain Basin Foundation.
Before COVINGTON, C.J., and LOTTINGER, EDWARDS, WATKINS, SHORTESS, CARTER, SAVOIE, LANIER, CRAIN, LEBLANC, FOIL and GONZALES, JJ.
Court of Appeal of Louisiana, First Circuit.
COVINGTON, Chief Judge.
These appeals from the Department of Environmental Quality (DEQ) and from the district court1 involve diverse factual and legal issues. They were consolidated for the purpose of addressing the sole question of whether the procedure for appeal of decisions by the DEQ established in LSA-R.S. 30:2024 is constitutional, following the decision by the Louisiana Supreme Court in Moore v. Roemer,
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