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DEPT. OF ENVIRONMENTAL MANAGEMENT v. LEAF

No. 2060026.

973 So.2d 369 (2007)

ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT v. LEGAL ENVIRONMENTAL ASSISTANCE FOUNDATION, INC.

Court of Civil Appeals of Alabama.

May 11, 2007.

Attorney(s) appearing for the Case

Troy King, atty. gen., James L. Wright, assoc. gen. counsel and asst. atty. gen., and John P. Hagood, executive counsel and asst. atty. gen., Department of Environmental Management, for appellant.

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

J. Lister Hubbard and Richard H. Allen of Capell & Howard, P.C., Montgomery, for amicus curiae Alabama Pulp & Paper Council, in support of the appellant.

Thomas R. Head III and Thomas L. Casey III of Balch & Bingham, LLP, Birmingham, for amici curiae Business Council of Alabama and Alabama Coal Association, in support of the appellant.

THOMPSON, Presiding Judge.

The Alabama Environmental Management Commission ("AEMC") dismissed a request by the Legal Environmental Assistance Foundation, Inc. ("LEAF"), for a hearing on a civil-penalty order issued to Georgia Pacific d/b/a Fort James Operating Co. ("GP") by the Alabama Department of Environmental Management ("ADEM"). LEAF appealed the dismissal to the Montgomery Circuit Court, which entered a judgment reversing the dismissal and remanding the action...

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