Ross Neely Exp., Inc. v. ALA. DEPT. OF ENVIRON. MANAGEMENT

This is an appeal from a judgment of the Circuit Court of Montgomery County, enjoining Ross Neely Express,. Inc. (RNE) from violating certain rules and regulations of the Alabama Department of Environmental Management (ADEM). In issuing the injunction, the trial court found that RNE was in violation, and that the rules violated were not unconstitutional. The pertinent portions of the rules allegedly violated are as follows:

4.2.1 No person shall cause, suffer, allow, or permit . . . a road to be used . . . without taking reasonable precautions to prevent particulate matter from becoming…