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FRIENDS OF AGR. v. ZIMMERMAN

No. WD 58901.

51 S.W.3d 64 (2001)

FRIENDS OF AGRICULTURE FOR THE REFORM OF MISSOURI ENVIRONMENTAL REGULATIONS, ("FARMER") an unincorporated association; Missouri AG Industries Council, Inc., Missouri Dairy Association, and Missouri Pork Producers Association, as members of FARMER, as representatives of the members of FARMER and as representatives of their own association's members; James Russell, in capacity as a Director of FARMER, as Executive Director of Missouri AG Industries Council, Inc., and as an individual taxpayer; David Drennan, in the capacity as a Director of FARMER, as Executive Director of Missouri Dairy Association, and as an individual taxpayer; Don Nikodim, in the capacity as a Director of FARMER, as Executive Director of Missouri Pork Producers Association, and as an individual taxpayer, Appellants, v. David ZIMMERMAN; Barry Kayes, Chairperson, Missouri Air Conservation Commission, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 29, 2001.

Application for Transfer Denied August 21, 2001.

Attorney(s) appearing for the Case

Stephen G. Jeffery, Kansas City, for appellant.

Timothy P. Duggan, Jefferson City, for respondent.

Before ULRICH, P.J., EDWIN H. SMITH and NEWTON, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 29, 2001.

NEWTON, Judge.

I. INTRODUCTION

A. Background

The Clean Air Act (the Act) was enacted by the United States Congress on December 17, 1963. With the Clean Air Amendments of 1970, Congress enacted a comprehensive national program that made the federal government partners with the states in the fight against air pollution, requiring the Environmental...

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