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FAMILIES CONCERNED ABOUT NERVE GAS INCINERATION v. ADEM

2000595.

826 So.2d 857 (2002)

FAMILIES CONCERNED ABOUT NERVE GAS INCINERATION and Serving Alabama's Future Environment, Inc. v. ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT et al.

Court of Civil Appeals of Alabama.

January 11, 2002.

Attorney(s) appearing for the Case

G. Keith Clark, Montgomery, for appellants.

J. Hunter Phillips, Jr., Carol H. Stewart, and Scott A. Boykin of Burr & Forman, L.L.P., Birmingham, for appellee Westinghouse Government Environmental Services.

Thomas L. Johnston and Rebecca E. Patty, asst. attys. gen., for appellee Alabama Department of Environmental Management.

John C. Cruden, acting asst. atty. gen., Environment & Natural Resources Division, Washington, D.C.; Lily N. Chinn, Greer S. Goldman, and Jeffrey C. Dobbins, attorneys, United States Department of Justice, Washington, D.C.; and Robert M. Lewis, Environmental Law Division, United States Department of the Army, Arlington Virginia, "of counsel", for appellees.

On Application for Rehearing

CRAWLEY, Judge.

The opinion of this court issued on October 18, 2001, is withdrawn, and the following is substituted therefor.

Families Concerned About Nerve Gas Incineration ("Families") and Serving Alabama's Future Environment, Inc. ("SAFE") (hereinafter sometimes referred to jointly as "Families"), appeal from a judgment of the Montgomery Circuit Court affirming a decision by the Alabama Environmental Management...

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