Phillips Plastics Corp. v. Department of Natural Resources

This appeal is from an order granting summary judgment to the defendant and denying the plaintiff’s summary judgment motion. The plaintiff seeks a declaratory judgment as to the validity of an administrative rule regulating the discharge of pollutants. The issues raised concern the propriety of challenging an administrative rule by bringing an action for declaratory judgment after an enforcement action has been commenced by the state, and the validity of an agency rule setting standards of performance as part of the state’s “Pollution Discharge Elimination” law.

The plaintiff operates a plant…