ELR Citation: ELR 20818
No(s). s. Civ. 7627, 7627-A (Ala. Civ. App. Sep 26, 1990)

The court holds that the trial court did not err in reversing the Alabama Environmental Management Commission's (AEMC's) denial of a stay of a permit allowing an oil company to discharge drilling fluids from a well in Alabama's coastal waters. The Alabama Department of Environmental Management issued the permit, and the Baldwin County Commission appealed to the AEMC. The Baldwin County Commission also asked the AEMC to stay the permit while the appeal was pending, and the AEMC denied the application for a stay. The court notes that its review of quasijudicial acts of administrative agencies, such as the AEMC, is limited to whether the AEMC's decision to deny the stay was arbitrary or capricious or did not comply with applicable law. The court also notes that a decision of an administrative agency is presumed to be correct due to the agency's recognized expertise in a specific area. The court holds that for a circuit court to properly issue a stay, the Baldwin County Commission must demonstrate that there was a threat of irreparable harm that could only be avoided by the issuance of a stay. The court holds that AEMC's decision was not supported by substantial evidence and was unreasonable. The discharge was in an area of biological concern and exceeded the toxicity level permitted by state water quality standards.

Counsel for Appellants
Wesley Pipes, J.P. Courtney III
Lyons, Pipes & Cook
2 N. Royal St., P.O. Box 2727, Mobile AL 36652-2727
(205) 432-4481

Counsel for Appellees
Taylor D. Wilkins
Wilkins, Bankester, Biles & Wynne
201 E. Second St., P.O. Box 400, Bay Minette AL 36507
(205) 937-7024