IN MATTER OF AMERICAN WASTE AND POLLUTION CONTROL CO.

No. 93-C-3163.

642 So.2d 1258 (1994)

In the Matter of AMERICAN WASTE AND POLLUTION CONTROL COMPANY.

Supreme Court of Louisiana.

Rehearing Denied December 9, 1994.


Attorney(s) appearing for the Case

Gerald L. Walter, Jr., James C. Percy, Brent Barber Boxill, Schwab & Walter, for applicant.

Jackie M. Scott Marve, William V. Redmann, Bob Boese, P. Charles Calahan, Maureen N. Harbourt, Esteban Herrera, Jr., for respondent.

Richard P. Ieyoub, Atty. Gen., David C. Kimmel, John B. Sheppard, Jr., for amicus curiae State.

Daria L. Burgess, Richard C. Ellis, for amicus curiae La. Citizen Action, Gulf Coast Tenant Organization, La. Environment Action Network, Southern Christian Leadership Conference, Ass'n Community Organization Reform, St. John Citizen Environmental Justice, North Baton Rouge Environmental Ass'n, Concerned Citizen of Northeast La., Concerned Citizen of CENLA, Delta Greens, La. League of Women Voters, Orleans Audubon Society, Sierra Club-Delta Chapter, Calcasieu League of Environmental Act, Secure Environment of Everyone.

Emile C. Rolfs, III, William F. Ridlon, II, for amicus curiae City of Baton Rouge, East Baton Rouge Par.

William F. Ridlon, II, Hon. Michael E. Ponder, Larry D. Book, Counsel amicus curiae for East Baton Rouge Par.

Maureen N. Harbourt, Esteban Herrera, Jr., Robert N. Aguiluz, amicus curiae for La. Chemical Ass'n.


WATSON, Justice.1

The issue is whether an action taken by the Louisiana Department of Environmental Quality (DEQ) on a solid waste disposal permit application without an adjudicatory hearing is a "final decision or order" under LSA-R.S. 30:2024(C) which affords judicial review to persons aggrieved by the action.

FACTS

In the early 1980's, solid waste disposal posed a serious problem for the governmental entities of St...

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