Narrative Opinion Summary
The court, upon remand from the Alabama Supreme Court, has decided to reverse the prior ruling in line with the Supreme Court's opinion issued on February 26, 1988. The case is directed back to the Circuit Court of Montgomery County, with specific instructions to order the Alabama Environmental Management Commission (AEMC) to reinstate its decision denying Shell Offshore, Inc. a permit for the disposal of drilling waste. This reinstatement is to be treated as the final order of the AEMC. The decision was concurred by Judges Bradley and Holmes.
Legal Issues Addressed
Authority of Circuit Court on Remandsubscribe to see similar legal issues
Application: The Circuit Court of Montgomery County is instructed to enforce the decision of the Alabama Environmental Management Commission as the final order, demonstrating the authority exercised by the Circuit Court following remand instructions.
Reasoning: The case is directed back to the Circuit Court of Montgomery County, with specific instructions to order the Alabama Environmental Management Commission (AEMC) to reinstate its decision denying Shell Offshore, Inc. a permit for the disposal of drilling waste.
Finality of Administrative Decisionssubscribe to see similar legal issues
Application: The AEMC's decision to deny the permit is reinstated and considered the final decision, highlighting the finality of administrative decisions once affirmed by the court.
Reasoning: This reinstatement is to be treated as the final order of the AEMC.
Reversal of Prior Rulingsubscribe to see similar legal issues
Application: The court reversed the previous decision in accordance with the Alabama Supreme Court's directive, emphasizing adherence to higher court rulings.
Reasoning: The court, upon remand from the Alabama Supreme Court, has decided to reverse the prior ruling in line with the Supreme Court's opinion issued on February 26, 1988.