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IPSCO STEEL v. ALA. DEPT. OF ENVIRON. MGMT.

2000071.

850 So.2d 344 (2002)

IPSCO STEEL, INC. v. ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT et al.

Court of Civil Appeals of Alabama.

Certiorari Quashed November 8, 2002.

Attorney(s) appearing for the Case

Ronald W. Farley, F.A. Flowers III, and Warren C. Matthews of Burr & Forman, L.L.P., Birmingham; and James E. Atchison and Frank G. Taylor of Atchison, Crosby, Saad & Beebe, P.C., Mobile, for appellant.

Tommy E. Bryan and Olivia H. Jenkins, asst. attys. gen., Alabama Department of Environmental Management; and Robert D. Tambling, asst. atty. gen., Alabama Environmental Management Commission, for appellees.

Alabama Supreme Court 1011327.

CRAWLEY, Judge.

In October 1998, the Alabama Department of Environmental Management ("ADEM") issued to IPSCO Steel, Inc., a permit authorizing the construction and operation of various air-pollution-control devices on a steel mill IPSCO proposed to build and operate in Axis, Alabama. One of the requirements of the permit was that IPSCO's mill have an emissions smokestack equipped with an instrument known as a "continuous opacity...

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