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OAKVILLE COMMUNITY ACTION GROUP v. LDEQ

Nos. 2005 CA 1365, 2005 CA 1366.

935 So.2d 175 (2006)

OAKVILLE COMMUNITY ACTION GROUP, Louisiana Environmental Action Network, and Glynn Mayfield v. LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY Nancy Fridge and Thomas Rhodes v. Louisiana Department of Environmental Quality.

Court of Appeal of Louisiana, First Circuit.

May 5, 2006.

Attorney(s) appearing for the Case

Adam Babich, Karla A. Raettig, Rebecca G. Judd (Student Attorney), New Orleans, Counsel for Plaintiffs/Appellants Oakville Community Action Group, Louisiana Environmental Action Network and Glynn Mayfield.

Peter J. Butler, New Orleans, Joell Keller, Baton Rouge, Counsel for Plaintiff/Appellant Nancy Fridge and Thomas Rhodes.

Jackie M. Marve, Mazie M. Doomes, Roger K. Ward, Baton Rouge, Counsel for Defendant/Appellee Louisiana Department of Environmental Quality.

Robert B. McNeal, Mark L. McNamara, Stephen O. Scandurro, Timothy D. Scandurro, Jean-Paul Layrisson, New Orleans, Counsel for Intervenor/Appellee Industrial Pipe, Inc.

Before: KUHN, GUIDRY, and PETTIGREW, JJ.

KUHN, J.

This appeal presents the issue of whether the Louisiana Department of Environmental Quality ("LDEQ") properly categorized Industrial Pipe, Inc.'s ("IPI") waste processing facility as a Type III facility, which is subject to a 50-foot buffer zone requirement under Louisiana's Solid Waste Regulations, Louisiana Administrative Code title 33, part VII, § 101 et seq. Plaintiffs-appellants, Oakville Community...

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