Smith v. LeFleur (Ex parte LeFleur)
Citation | 329 So.3d 613 |
Decision Date | 06 November 2020 |
Docket Number | 1190191 |
Parties | EX PARTE Lance R. LEFLEUR, in his official capacity as Director of the Alabama Department of Environmental Management (In re: Ronald C. Smith, Latonya Gipson, and William T. Gipson v. Lance R. LeFleur, in his official capacity as Director of the Alabama Department of Environmental Management) |
Court | Supreme Court of Alabama |
Steve Marshall, atty. gen.; Edmund G. LaCour, Jr., solicitor gen., and A. Barrett Bowdre, deputy solicitor gen.; and S. Shawn Sibley, gen. counsel and asst. atty. gen., and Paul Christian Sasser, assoc. gen. counsel and asst. atty. gen., Alabama Department of Environmental Management, for petitioner.
David A. Ludder, Tallahassee, Florida, for respondents.
James L. Priester and Brandt P. Hill of Maynard, Cooper & Gale, P.C., Birmingham, for amicus curiae National Waste and Recycling Association, in support of the petitioner.
J. Bradford Boyd Hicks and Finley B. Reeves of Stone Crosby, P.C., Daphne, for amicus curiae Baldwin County, in support of the petitioner.
William S. Cox III of Bradley Arant Boult Cummings LLP, Birmingham, for amici curiae Manufacture Alabama, Inc., and Alabama Pulp & Paper Council, in support of the petitioner.
We granted the petition for a writ of certiorari filed by Lance R. LeFleur, in his official capacity as director ("the director") of the Alabama Department of Environmental Management ("ADEM"), seeking review of the Court of Civil Appeals’ decision in Smith v. LeFleur, [Ms. 2180375, October 11, 2019] 329 So. 3d 598 (Ala. Civ. App. 2019), in which the Court of Civil Appeals held that ADEM did not have the authority to amend Ala. Admin. Code (ADEM), Rule 335-13-4-.15, Rule 335-13-4-.22, or Rule 335-13-4-.23 to permit the use of alternative-cover materials at landfills ("the alternative-cover-materials rules"). For the reasons set forth below, we reverse the judgment of the Court of Civil Appeals.
The following facts from the Court of Civil Appeals’ opinion are helpful to an understanding of this case:
To continue reading
Request your trial-
Munza v. Ivey
...or threatens to interfere with or impair, the legal rights or privileges of the plaintiff ...." ’ " Ex parte LeFleur, [Ms. 1190191, Nov. 6, 2020] 329 So. 3d 613, 624 (Ala. 2020) (quoting Smith v. LeFleur, 329 So. 3d 598, 605 (Ala. Civ. App. 2019), quoting in turn § 41-22-10 ) (emphasis omit......
-
Smith v. LeFleur
...prior judgment of this court has been reversed, and the cause remanded by the Supreme Court of Alabama. See Ex parte LeFleur, [Ms. 1190191, Nov. 6, 2020] 329 So. 3d 613 (Ala. 2020). On remand to this court, and in compliance with the supreme court's opinion, the judgment entered by the Mont......