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ADEM v. ALABAMA RIVERS ALLIANCE, INC.

2050974 and 2050995.

14 So.3d 853 (2007)

ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT v. ALABAMA RIVERS ALLIANCE, INC., and Friends of Hurricane Creek. Tuscaloosa Resources, Inc. v. Alabama Rivers Alliance, Inc., and Friends of Hurricane Creek.

Court of Civil Appeals of Alabama.

Rehearing Denied March 21, 2008.

Certiorari Denied (as to Tuscaloosa Resources, Inc.) February 20, 2009 Alabama Supreme Court 1070935.

Attorney(s) appearing for the Case

Troy King, atty. gen., and James L. Wright, asst. atty. gen., for appellant Alabama Department of Environmental Management.

Floyd R. Gilliland, Jr., of Nix Holtsford Gilliland Higgins & Hitson, P.C., Montgomery, for appellant Tuscaloosa Resources, Inc.

R. Edwin Lamberth of Cunningham, Bounds, Crowder, Brown & Breedlove, L.L.C., Mobile, for appellees.

Robert P. Fowler and Jeffrey H. Wood of Balch & Bingham, LLP, Birmingham, for amicus curiae Alabama Coal Association, in support of the appellants.

MOORE, Judge.

The Alabama Department of Environmental Management ("ADEM") and Tuscaloosa Resources, Inc. ("TRI"), appeal separately from the Montgomery Circuit Court's judgment reversing an order of the Alabama Environmental Management Commission ("AEMC") that upheld the issuance of a mining permit to TRI. The appeals have been consolidated for the purpose of issuing one opinion. We affirm.

Procedural History

On December 17, 2001, ADEM issued...

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