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EX PARTE ALABAMA DEPT. OF ENV. MGT.

1911793 to 1911795.

627 So.2d 927 (1993)

Ex parte ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT. Ex parte The BUSINESS COUNCIL OF ALABAMA and the Alabama Pulp and Paper Industry Environmental Group. Ex parte ALABAMA ENVIRONMENTAL MANAGEMENT COMMISSION and Ira DeMent, as hearing officer for the Commission. (Re SIERRA CLUB, The Alabama Conservancy, and Tony Oddo v. ALABAMA ENVIRONMENTAL MANAGEMENT COMMISSION, et al.)

Supreme Court of Alabama.

Rehearing Denied August 27, 1993.

Attorney(s) appearing for the Case

James L. Wright and G. Keith Clark, Montgomery, for Alabama Dept. of Environmental Management.

David E. Evans and Donald D. Anderson of McGuire, Woods, Battle & Boothe, Richmond, VA, and James A. Byram, Jr. and Dorman Walker of Balch & Bingham, Montgomery, for Business Council of Alabama and Alabama Pulp and Paper Industry Environmental Group.

James H. McLemore of Capell, Howard, Knabe & Cobbs, P.A., Montgomery, for Alabama Environmental Management Com'n and Ira DeMent, as hearing officer for the Com'n.

Edward W. Mudd, Jr. of McDaniel, Hall, Conerly & Lusk, Birmingham, and Ray Vaughan, Montgomery, for respondents.

G. Milton McCarthy, Jr., Asst. Atty. Gen., for amicus curiae Alabama Surface Min. Com'n.

Ken Smith, Montgomery, for amicus curiae Alabama League of Municipalities.

ALMON, Justice.

This Court granted petitions for certiorari filed by the Alabama Department of Environmental Management ("ADEM"); the Business Council of Alabama and the Alabama Pulp and Paper Industry Environmental Group; and the Alabama Environmental Management Commission ("AEMC" or "Commissioners"). The petitions allege several grounds for overturning the judgment of the Court of Civil Appeals, 627 So.2d 931, which reversed the...

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