ELR Citation: ELR 21506
No(s). CA-87-0625 (La. Ct. App. Aug 19, 1988)

The court holds that two environmental groups have standing to appeal the Louisiana Department of Environmental Quality's (DEQ's) assessment of an allegedly inadequate civil penalty against BASF Corporation for violations of state air quality regulations. The court holds that BASF's counsel, who are not a party to this action, can be enrolled as counsel of record. Since this appeal arises out of the DEQ administrative activities and penalties assessments against BASF, BASF has a right to participate in the appeal. The court holds that the environmental groups have standing to appeal DEQ's administrative decision. The appellants are "aggrieved" parties under the relevant Louisiana statute. Specifically, they successfully alleged a real and actual interest that may be adversely affected by DEQ's decision. Appellants have alleged harm to their health and the health of their community from illegal chemical releases and that the small penalty may not deter future violations. The court holds that a third environmental group and the Louisiana Attorney General cannot intervene, since no intervenors are permitted at the appellate level under the state Environmental Quality Act.

[Briefs filed in this case are digested at ELR PEND. LIT. 65983 and 66009.]

Counsel for Appellants
Daria Burgess
Hurley & Hoffman
909 Poydras St., Ste. 1700, New Orleans LA 70112
(504) 522-0807

Counsel for Appellee
William D'Armond, Maureen Harbourt
Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman
P.O. Box 3513, Baton Rouge LA 70821
(504) 387-0999

Before Covington, Watkins and Foil, JJ.