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SIERRA CLUB v. GIVENS

No. 97 CW 0959.

710 So.2d 249 (1997)

SIERRA CLUB and Louisiana Environmental Action Network, Inc. v. J. Dale GIVENS, in his official capacity as Secretary of the Louisiana Department of Environmental Quality, and the Louisiana Department of Environmental Quality.

Court of Appeal of Louisiana, First Circuit.

Writ Denied January 9, 1998.

Attorney(s) appearing for the Case

Eric Huber, New Orleans, for Plaintiffs.

Ann Coco, Baton Rouge, for DEQ.

Maureen Harbourt, Baton Rouge, for Intervenor La. Chemical Ass'n.

Before GONZALES and PARRO, JJ., and RALPH E. TYSON, J. Pro Tem.

WRIT GRANTED. The trial court's ruling of February 3, 1997, denying defendants' peremptory exception of no cause of action, challenging the plaintiffs' citizen suit under La.R.S. 30:2026(A)(1), is hereby reversed and judgment is rendered in defendants' favor, granting the exception.

Louisiana Revised Statute 30:2026(A) provides that "any person having an interest, which is or may be adversely affected, may commence a civil action on his own behalf against...

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