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VALLERY v. DEPT. OF ENVIRONMENTAL QUALITY

No. 2011 CA 1315.

97 So.3d 1026 (2012)

Ernie L. VALLERY v. LOUISIANA STATE DEPARTMENT OF ENVIRONMENTAL QUALITY.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied August 15, 2012.

Attorney(s) appearing for the Case

Ernie L. Vallery, Pollack, LA, Plaintiff Pro Se.

Lisa W. Jordan , New Orleans, LA, for Appellants The Louisiana Environmental Action Network and Howard Charrier.

Ann B. Hill , Jackie M. Marve , Baton Rouge, LA, for Defendant/Appellee Louisiana Department of Environmental Quality.

Richard E. Matheny , Steven J. Levine , J. Alan Harrell , Patrick O'Hara , Baton Rouge, LA, for Defendant/Appellee Vanguard Synfuels, LLC.

Before WHIPPLE, KUHN, and GUIDRY, JJ.

GUIDRY, J.

At issue in this appeal is simply a procedural question of whether a party may file a petition to intervene in an action on judicial review after the time delay allowed for filing a petition for judicial review has elapsed.

On January 16, 2007, Ernie Vallery filed a petition for judicial review against the Louisiana Department of Environmental Quality (LDEQ) seeking review of the LDEQ's denial of a public hearing on a Louisiana Pollutant Discharge...

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