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NVI, LLC v. DEPT. OF ENVIRONMENTAL QUALITY

No. 108,674. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 4.

276 P.3d 1069 (2012)

2012 OK CIV APP 30

NVI, LLC, a Louisiana Limited Liability Company, Plaintiff/Appellant, v. OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY, an Agency of the State of Oklahoma, Defendant/Appellee.

Court of Civil Appeals of Oklahoma, Division No. 4.

February 28, 2012.

Attorney(s) appearing for the Case

Robert D. Kellogg , Moricoli & Schovanec, P.C., Oklahoma City, Oklahoma, for Plaintiff/Appellant.

Pamela Brown Dizikes , Office of the General Counsel, Oklahoma Department of Environmental Quality, Oklahoma City, Oklahoma, for Defendant/Appellee.

P. THOMAS THORNBRUGH, Judge.

¶ 1 NVI, LLC (NVI) appeals an administrative order of the Oklahoma Department of Environmental Quality (ODEQ), finding that NVI should be penalized $27,000 for violations of sections of the Oklahoma Environmental Quality Act and of title 252, chapter 410, of the Oklahoma Administrative Code (O.A.C.). NVI also appeals a finding that the incident giving rise to the penalties demonstrated "a lack of training or preparation" of NVI's...

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