Note by Nelea A. Absher
A citizen's group, Save Ourselves, Inc., and others sued the Louisiana Environmental Control Commission under provisions of the Louisiana Administrative Procedure Act. They sought to reverse the Commission's issuance of permits granting IT Corporation authority to construct and operate a hazardous waste disposal plant. The plaintiffs alleged that the permit application was incomplete, that it was not in compliance with Commission rules, and that the facility design failed to satisfy governing state rules and regulations. The trial court found that although the application as submitted was incomplete, information subsequently furnished provided an adequate basis for the Commission to have reasonably concluded that the proposed facility site and design met applicable regulations. Accordingly, the trial court held that based on the evidence in the record, the Commission had acted reasonably in issuing the permits. The court of appeal affirmed. In a case of first impression interpreting agency duties of environmental protection under the Louisiana Constitution and the Environmental Quality Act, the Louisiana Supreme Court reversed. It held that based on the record presented, it could not determine whether the Commission had complied with its constitutional and statutory duties. The supreme court, therefore, remanded with instructions that the trial court direct the Commission to assign additional reasons and fact findings sufficient to justify approval of the permit to IT Corporation. Save Ourselves, Inc. v. Louisiana Environmental Control Commission, 452 So. 2d 1152 (La. 1984).
About the Author
Nelea A. Absher.
Citation
59 Tul. L. Rev. 1557 (1985)