Alabama Department of Environmental Management v. Southern Clay & Energy

MEMORANDUM OF OPINION

EDWIN L. NELSON, District Judge.

This civil action was originally brought in the Circuit Court of Winston County, Alabama by the Alabama Department of Environmental Management, an agency of the State of Alabama. The Commission sought only injunctive relief and the collection of civil penalties against the defendants and based its claims entirely on provisions of state law. The defendants are a clay mining company and an individual. On July 31, 1989, the defendants filed a counterclaim against the original plaintiff, four individual defendants, James Warr, Charles Horn,…