LEAN v. LA. DEPT. OF ENVIRONMENTAL QUALITY

No. 2011 CA 1935.

97 So.3d 1148 (2012)

LOUISIANA ENVIRONMENTAL ACTION NETWORK, Concerned Citizens for Livingston Parish, Inc., Mr. O'Neil Couvillion and Mr. Harold Wayne Breaud v. LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY.

Court of Appeal of Louisiana, First Circuit.

July 25, 2012.


Attorney(s) appearing for the Case

Elizabeth L. de Calderón , Adam Babich , Tulane Environmental Law Clinic, New Orleans, LA, for Plaintiffs-Appellants Louisiana Environmental Action Network, Concerned Citizens for Livingston Parish, Inc., Mr. O'Neil Couvillion and Mr. Harold Wayne Breaud.

Herman Robinson , Claudia Rush , Jackie Marve , Baton Rouge, LA, for Defendant-Appellee Louisiana Department of Environmental Quality.

Gerald L. Walter, Jr. , Anne J. Crochet , Timothy J. Poché , Taylor, Porter, Brooks & Phillips, L.L.P., Baton Rouge, LA, for Intervenor-Appellee Waste Management of Louisiana, L.L.C.

Before CARTER, C.J., PARRO, and HIGGINBOTHAM, JJ.


PARRO, J.

Concerned Citizens for Livingston Parish, Inc., O'Neil Couvillion, Harold Wayne Breaud, and Louisiana Environmental Action Network (collectively, LEAN) sought judicial review, under the appellate jurisdiction of the district court, of an agency action, which approved an experimental operation for the development of new technologies and methods, as authorized by LAC 33:VII.117 (Section 117). The district court sustained the intervenor's declinatory exception...

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