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DEPT. OF ENVI. v. FRIENDS OF HURRICANE

No. 2110410 and 2110411.

114 So.3d 47 (2012)

ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT and ALABAMA ENVIRONMENTAL MANAGEMENT COMMISSION v. FRIENDS OF HURRICANE CREEK and John Wathen. SDW, Inc. v. Friends of Hurricane Creek and John Wathen.

Court of Civil Appeals of Alabama.

December 14, 2012.

Attorney(s) appearing for the Case

James L. Wright , Schuyler K. Espy , and Laura Eubank , assoc. gen. counsel, Alabama Department of Environmental Management, for appellant Alabama Department of Environmental Management Commission.

William J. Donald III of Donald, Randall & Donald, Tuscaloosa, for appellant SDW, Inc.

David A. Ludder , Tallahassee, FL, for appellees.

PITTMAN, Judge.

These two consolidated appeals are taken from a judgment of the Montgomery Circuit Court determining that the Friends of Hurricane Creek ("FOHC") and John Wathen have standing to seek (a) administrative review of an order entered by the Alabama Department of Environmental Management ("the Department") assessing monetary sanctions against SDW, Inc. ("the developer"), a residential developer that purportedly discharged certain materials into an unnamed...

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