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DEPARTMENT OF ENVIRONMENTAL MGMT. v. LEAF

No. 2030878 and 2040311.

922 So.2d 101 (2005)

ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT and Alabama Environmental Management Commission v. LEGAL ENVIRONMENTAL ASSISTANCE FOUNDATION, INC.

Court of Civil Appeals of Alabama.

August 12, 2005.

Attorney(s) appearing for the Case

Troy King, atty. gen., and James L. Wright, asst. atty. gen., Alabama Department of Environmental Management, and Robert Tambling, asst. atty. gen., Alabama Environmental Management Commission, for appellants.

David A. Ludder, Tallahassee, Florida, for appellee.

Robert P. Fowler and Steven A. Burns of Balch & Bingham, LLP, Birmingham, for amici curiae Business Council of America and the Alabama Coal Association, in support of the appellants.

Vivian Vines Campbell of Whatley Drake, LLC, Birmingham, for amici curiae Cahaba River Society, Alabama Rivers Alliance, Inc., Mobile Bay Watch, Inc./Mobile Baykeeper, in support of the appellee.

PITTMAN, Judge.

The Alabama Department of Environmental Management ("ADEM") and the Alabama Environmental Management Commission ("the Commission") appeal from a judgment of the Montgomery Circuit Court declaring invalid certain water-quality regulations promulgated by ADEM (case no. 2030878). We reverse and remand. ADEM and the Commission also appeal from a subsequent order entered by the trial court (case no. 2040311);...

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