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Ross Neely Express, Inc. v. Alabama Dep't of Envtl. Management

Citation: 14 ELR 20041
No. No. 81-1017, 437 So. 2d 82/(Ala., 07/08/1983)

The court rules that two state regulations aimed at controlling fugitive dust emissions from roads are unconstitutional. The first regulation, requiring a road owner to take reasonable precautions to prevent generation of dust, is unconstitutionally vague because persons of common intelligence would differ over what precautions are reasonable. The second regulation, penalizing a road owner for permitting visible fugitive dust emissions to float beyond the owner's property line, is unconstitutionally overbroad, severely infringing on the free use of property and inviting discriminatory enforcement. Both regulations also are unconstitutional because they impose restraints on the use of private property disproportionate to the air pollution they will eliminate.

Counsel for Appellant
George M. Boles
Boles & Davis
Frank Nelson Bldg., Birmingham AL 35203
(205) 251-6602

Counsel for Appellee
Kerry J. Allen, Ass't Attorney General
State Administrative Bldg., Montgomery AL 36130
(205) 832-6050