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TOXIC WASTE IMPACT GROUP, INC. v. LEAVITT

No. 72235.

890 P.2d 906 (1994)

TOXIC WASTE IMPACT GROUP, INC., a non-profit corporation, Appellee, v. Joan K. LEAVITT, State Commissioner of Health, for the Oklahoma State Department of Health; and Environmental Solutions, Inc., Appellants.

Supreme Court of Oklahoma.

Rehearing Denied March 22, 1995.

Attorney(s) appearing for the Case

Jesse L. Sumner, Laughlin, Summer & Associates, Bartlesville, for appellee.

Robert D. Kellogg, Oklahoma City, for appellant State Com'r of Health and Dept. of Environmental Quality-Successor to the State Health Dept.

Carl Hughes, Oklahoma City, and James L. Kee, Duncan, for appellant Environmental Solutions, Inc.

LAVENDER, Vice Chief Justice:

We reverse the trial court decision in this matter and remand to that court to determine a preeminent issue, whether appellee, Toxic Waste Impact Group, Inc. (TWIG) has standing to challenge a certain permit granted to appellant, Environmental Solutions, Inc. (ESI) by appellant, Oklahoma State Department of Health (OSDH) in a judicial review proceeding under 75 O.S. 1981, § 318 of the Oklahoma...

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