1. Home
  2. Browse Decisions
  3. So.2d
  4. 649 So.2d
  5. 649 So.2d 835 (1995)
 

FORDICE v. THOMAS

No. 93-CA-1126.

649 So.2d 835 (1995)

Kirk FORDICE, acting in his official capacity as Governor of the State of Mississippi, the Mississippi Department of Environmental Quality, and the Mississippi Environmental Quality Permit Board v. Charles H. THOMAS, Jr., Linda Lee Thomas, William A. Thomas, Peggy Joyce Thomas, and Julian Wood Chancellor, Jr. Charles H. THOMAS, Jr., Linda Lee Thomas, William A. Thomas, Peggy Joyce Thomas, and Julian Wood Chancellor, Jr. v. Kirk Fordice, acting in his official capacity as Governor of the State of Mississippi, the Mississippi Department of Environmental Quality, and the Mississippi Environmental Quality Permit Board.

Supreme Court of Mississippi.

January 26, 1995.

Attorney(s) appearing for the Case

Michael B. Wallace, Chuck D. Barlow, Phelps Dunbar Firm, Jackson, MS, Trudy D. Fisher, Jackson, MS, for appellant.

John C. Henegan, J. Collins Wohner Jr., Donna Brown Jacobs, L. Lee Tyner Jr., Butler Snow Firm, Jackson, MS, Michael C. Moore, Atty. Gen., Jackson, MS, T. Hunt Cole, Jr., Sp. Asst. Atty. Gen., Jackson, MS, James M. Hood, III, Sp. Asst. Atty. Gen., Jackson, MS, for appellee.

Robert B. Wiygul, New Orleans, LA, William L. Smith, Brunini Grantham Gorwer & Hewes, Jackson, MS, Eugene R. Wasson, Brunini Firm, Jackson, MS, John L. Maxey, II, J. Brad Pigott, Maxey Pigott Wann & Begley, Jackson, MS, for amicus curiae.

Before HAWKINS, C.J., and PITTMAN and BANKS, JJ.

BANKS, Justice, for the Court:

This appeal compels us to determine whether our Administrative Procedures Law applies to rule making by the Office of the Governor and whether the adoption of a "Capacity Assurance Plan," as provided for in federal "Superfund" legislation, is such a rule within that law. We answer both questions in the affirmative. We conclude further that there was a failure to comply with the Administrative Procedures Law. It follows that the judgment...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases