Legal Opinion
Chemical Waste Management, Inc. v. State, Department of Environmental Quality
Supreme Court of Louisiana
Decided October 21, 1991No. 91-CA-1171PublishedCited by 5 opinions
1Opinion of the Court
CALOGERO, Chief Justice.
The Legislature has determined that appeals of final decisions or orders of the Department of Environmental Quality (DEQ) in a permit or enforcement action are to bypass the district court and go directly to the First Circuit Court of Appeal. La.R.S. 30:2024. The court of appeal, in these four consolidated cases, has held that La.R.S. 30:2024 is unconstitutional, because it is in contravention of La. Const, art. V, § 16(A), which vests the district courts with “original jurisdiction of all civil ... matters,” and “exclusive original jurisdiction of ... cases ...…
2Cases cited9 opinions
- Save Ourselves, Inc. v. La. Environ. Cont. Com'nSupreme Court of Louisiana · 1984
- Bd. of Com'rs of Orleans Levee Dist. v. Dept. of Natural ResourcesSupreme Court of Louisiana · 1986
- Moore v. RoemerSupreme Court of Louisiana · 1990
- Bd. of Dir. of La. Recovery Dist. v. All Taxpayers, Property Owners, and Citizens of StateSupreme Court of Louisiana · 1988
- State v. GriffinSupreme Court of Louisiana · 1986
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kelty v. BrumfieldSupreme Court of Louisiana · 1994
- Matter of American Waste & Poll. ControlSupreme Court of Louisiana · 1991
- Metro Riverboat Associates v. La. Gaming Bd.Louisiana Court of Appeal · 2000
- Opinion Number, Louisiana Attorney General Reports1993
- Opinion Number, Louisiana Attorney General Reports2006