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Save Our Dunes v. Pegues

Citation: 17 ELR 20537
No. No. 84-T-518 N, 661 F. Supp. 18/25 ERC 1606/(M.D. Ala., 01/08/1987) Permit procedures imposed

The court holds that the Alabama Department of Environmental Management (DEM) must amend its procedures for issuing coastal construction permits to provide notice of final actions to the same extent it provides notice of pending applications. DEM publishes notice of pending applications in local newspapers and mails notices to people and organizations on an agency mailing list. Notice of final actions, however, is not published or routinely sent to the mailing list. The court previously held, 17 ELR 20092, that DEM's informal procedure of sending final action notice to all persons who have specifically requested it does not satisfy due process. The court rejects DEM's proposal to cure the constitutional defect by publishing a notice at the time of the permit application stating that any person wishing to receive final action notice must specifically request it. Notice by publication is inadequate when the names and addresses of interested parties are readily available. The court concludes that DEM must mail notice of final actions to the same persons to whom it mails preaction notices.

Counsel for Plaintiff
L. Gilbert Kendrick
Moore, Kendrick, Glassroth, Harris, Bush & White
410 S. Perry St., Montgomery AL 36103
(205) 264-9900

Counsel for Defendant
David Ludder
Alabama Dept. of Environmental Management
1751 Federal Dr., Montgomery AL 36130
(205) 271-7700