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

ELR Citation: ELR 20041
Nos. 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....

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