Legal Opinion · Dissent

Plumbers & Steamfitters, Local Union 52 v. Alabama Department of Environmental Management

Court of Civil Appeals of Alabama

Decided January 17, 1992No. 2900502Published

1DissentRussell, Judge

I find that the trial court’s interpretation of the applicable statutes, and the majority’s approval of that interpretation, improperly limits the field of operation of § 22-22A-7(c)(6), Ala. Code 1975. In particular, I disagree with the majority’s position that § 22-22A-7(c)(6) is meaningful only insofar as it provides the time for filing an appeal from a final decision by ADEM. Such a position is in conflict with this court’s findings in Bates Motel, Inc. v. Environmental Management Commission, 596 So.2d 924 (Ala.Civ.App.1991), and Alabama En*347vironmental Management Commission v. Fisher…

2Cases cited4 opinions

  1. Dawson v. AL. DEPT. OF ENVIRONMENTAL MGMT.Court of Civil Appeals of Alabama · 1988
  2. Ex Parte Fowl River Protective Ass'nSupreme Court of Alabama · 1990
  3. Alabama Environmental Management Commission v. Fisher Industrial Service, Inc.Court of Civil Appeals of Alabama · 1991
  4. Bates Motel, Inc. v. ENVIRONMENTAL MGT. COM'NCourt of Civil Appeals of Alabama · 1991

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