Ex parte Alabama Department of Environmental Management.Annotate this Case
The Alabama Supreme Court granted certiorari review to Lance LeFleur, in his official capacity as director ("the director") of the Alabama Department of Environmental Management ("ADEM"), seeking review of the Court of Civil Appeals' decision in Smith v. LeFleur, [Ms. 2180375, October 11, 2019] ___ So. 3d ___ (Ala. Civ. App. 2019), in which the Court of Civil Appeals held that ADEM did not have the authority to amend Ala. Admin. Code (ADEM), Rule 335-13-4-.15, Rule 335-13-4-.22, or Rule 335- 13-4-.23 to permit the use of alternative-cover materials at landfills ("the alternative-cover-materials rules"). Appellants Ronald Smith, Latonya Gipson, and William Gipson all resided near the Stone's Throw Landfill and Arrowhead Landfills located in Tallapoosa County. Since appellants lived in their respective homes, ADEM permitted the operators of the Stone's Throw Landfill to use at least one material other than earth to cover solid waste deposited in the landfill. In their lawsuit, appellants sought a declaration that ADEM impermissibly adopted the Ala. Admin. Code (ADEM), allowing landfill operators to use alternative materials to cover solid waste in violation of the Solid Wastes and Recyclable Materials Management Act ('the SWRMMA'), Ala. Code 1975, sections 22-27-1 et seq., which, they argued, authorized the use of only earth to cover solid waste. The Court of Civil Appeals found appellants had standing to contest the alternative-cover-materials rules, and that ADEM exceeded its statutory authority. The Supreme Court concluded appellants did not present substantial evidence to establish standings. The trial court therefore properly granted the directors' motion for summary judgment, and properly denied appellants' motion for summary judgment. The Court reversed the Court of Civil Appeals which held to the contrary.