MATTER OF AM. WASTE & POLLUTION CONTROL

Nos. CA 89 0906-R, CA 90 1398.

597 So.2d 1125 (1992)

In the Matter of AMERICAN WASTE AND POLLUTION CONTROL COMPANY Mid-State Sanitary Regional Landfill Permit Application. AMERICAN WASTE AND POLLUTION CONTROL COMPANY v. The STATE of Louisiana, DEPARTMENT OF ENVIRONMENTAL QUALITY.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied May 28, 1992.


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, Roland T. Huson, III, Baton Rouge, for appellee Dept. of Environmental Quality.

J. Arthur Smith, III, Baton Rouge, for intervenors Marc Oray, Dr. Robert Rush, Inglewood Land and Development Corp., and Rio Rouge Development Corp.

John N. Kennedy, Office of Governor, Baton Rouge.

Raeford Craig Lackey, Baton Rouge.

John B. King, Office of Legal Affairs and Enforcement, Baton Rouge, for defendant-appellee State of Louisiana, Dept. of Environmental Quality.

Before WATKINS, CARTER and FOIL, JJ.


FOIL, Judge.

This appeal questions the retroactivity of an amendment to La.R.S. 30:2024(A), which vests jurisdiction in the trial court to conduct a de novo review of DEQ permit decisions, where DEQ has denied the permit applicant's request for a hearing. We hold that the amendment may be applied retroactively to the present proceeding, and remand the matter to the trial court to conduct a de novo review of DEQ's permit determination.

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