HB 695 Appeals of agency action.
Kenneth R. Plum | all patrons    ...    notes
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Summary:
Appeals of agency action. Allows certain persons who participated in the public comment process related to the final decision of the Air Pollution Control Board or the State Water Control Board regarding a permit to appeal the decision to circuit court. To have standing, a person must be an aggrieved owner or have participated in the public comment process and must meet the test for standing established under Article III of the U.S. Constitution. This test is satisfied if a person has suffered an actual or threatened injury, the injury is fairly traceable to the Board's decision, and the injury will likely be redressed by a favorable decision of the court. Currently, decisions of the State Water Control Board are appealable only by aggrieved owners. The test for standing from permitting decisions of the Air Pollution Control Board requires that the prospective appellant has exhausted all administrative remedies and has suffered an invasion of a pecuniary and substantial interest which is concrete and particularized.

Full text:
01/25/94  House: Presented and ordered printed  pdf

Status:
01/25/94  House: Presented and ordered printed
01/25/94  House: Referred to Committee on Conservation and Natural Resources
02/09/94  House: Continued to 1995 in Cons. & Nat. Res. (12-Y 9-N)
12/20/94  House: No action taken by Conservation and Natural Resources by voice vote