Supreme Court of Alabama

Ex Parte Alabama Rivers Alliance and Friends of Hurricane Creek. (in Re Tuscaloosa Resources, Inc. v. Alabama…

September 26, 20142014 Ala. LEXIS 153

Summary

The Alabama Supreme Court reversed the Court of Civil Appeals, holding that Tuscaloosa Resources, Inc. (TRI) lacked standing to independently appeal the Environmental Management Commission's decision because it was not an aggrieved party under the Administrative Procedure Act, and the appellate court’s reliance on Price and Bailey was misplaced. The Court distinguished those precedents and emphasized that speculative future costs do not constitute a concrete injury. Justice Murdock and Justice Shaw each filed concurring opinions agreeing with the reversal.