Opinion
NO. 2015 CW 1940
03-23-2016
IN THE MATTER OF VANGUARD ENVIRONMENTAL, LLC COMMERCIAL EXPLORATION AND PRODUCTION WASTE DISPOSAL FACILITY AIR EMISSIONS PERMIT DETERMINATION; PROCEEDINGS UNDER THE LOUISIANA ENVIRONMENTAL QUALITY ACT, LA. R.S. 30:2001, ET SEQ
In Re: The Louisiana Department of Enviromental Quality, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 636299. BEFORE: HIGGINBOTHAM, CRAIN AND THERIOT, JJ.
WRIT GRANTED. The district court's November 13, 2015 ruling overruling the declinatory exception raising the objection of the district court's lack of subject matter jurisdiction over the action, filed by the Louisiana Department of Environmental Quality, is reversed. Judgment is hereby rendered sustaining the exception and dismissing the plaintiffs' petition for judicial review. The matter for which the plaintiffs seek the district court's review does not constitute a final permit action, a final enforcement action, or a declaratory ruling, and therefore, there is no subject matter jurisdiction conferred pursuant to La. R.S. 30:2050.21 (A) of the Environmental Quality Act.
TMH
WJC
MRT
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT