Victory over a coal strip mine on Hurricane Creek
It was announced yesterday that the Alabama Supreme Court ruled in favor of the Friends of Hurricane Creek and Alabama Rivers Alliance in the matter of Tuscaloosa Resources Inc. permitted discharge of a known pollutant into a waterway, Hurricane Creek, on the EPA 303(d) list of impaired streams.
Our victory this time is the last chance for either ADEM or TRI to appeal further. It is over we won.
From our attorney, Edwin Lamberth…
Subject: FW: Alabama Rivers Alliance and Friends of Hurricane Creek v. ADEM, et al. - ANOTHER VICTORY
John and Cindy,
Today, the Alabama Supreme Court denied Tuscaloosa Resources's Petition for Writ of Certiorari. This means that our victory is complete and cannot be challenged any further.
Have a great weekend.
Subject: Alabama Rivers Alliance and Friends of Hurricane Creek v. ADEM, et al. - ANOTHER VICTORY
IN THE SUPREME COURT OF ALABAMA
February 20, 2009
Ex parte Tuscaloosa Resources, Inc. PETITION FOR WRIT OF CERTIORARI TO THE
COURT OF CIVIL APPEALS (In re: Tuscaloosa Resources, Inc. v. Alabama Rivers Alliance,
Inc., and Friends of Hurricane Creek) (Montgomery Circuit Court: CV-04-1052; Civil Appeals :
CERTIFICATE OF JUDGMENT
WHEREAS, the petition for writ of certiorari in the above referenced cause has been
duly submitted and considered by the Supreme Court of Alabama and the judgment indicated
below was entered in this cause on February 20, 2009:
Writ Denied. No Opinion. PER CURIAM - Cobb, C.J., and Woodall, Smith, Parker, and
Shaw, JJ., concur.
NOW, THEREFORE, pursuant to Rule 41, Ala. R. App. P., IT IS HEREBY ORDERED
that this Court's judgment in this cause is certified on this date. IT IS FURTHER ORDERED
that, unless otherwise ordered by this Court or agreed upon by the parties, the costs of this
cause are hereby taxed as provided by Rule 35, Ala. R. App. P.
I, Robert G. Esdale, Sr., as Clerk of the Supreme Court of Alabama, do hereby certify that the
foregoing is a full, true, and correct copy of the instrument(s) herewith set out as same appear(s) of record
in said Court.
Witness my hand this 20th day of February, 2009.
Clerk, Supreme Court of Alabama