Administrative Law – No evidence agency exceed statutory authority in EPA: Alliance for Kentucky’s Future, Inc. v. Environmental and Public Protection Cabinet (COA 5/10/2009)

Alliance for Kentucky's Future, Inc. v. Environmental and Public Protection Cabinet
2007-CA-001186
10/10/2008  Ordered PUBLISHED 5/10/2009
2008 WL 4531018
Opinion by Judge Clayton; Judge Stumbo and Senior Judge Graves concurred.

The Court affirmed a decision of the circuit court upholding an administrative decision approving a Regional Facility Plan (RFP) for building a new waste water treatment plant.

The Court held that substantial evidence supported the circuit court conclusion that the RFP in question met the requirements of 401 KAR 5:006. The Environmental and Public Protection Cabinet acted within its statutory power, no evidence was provided to show that any party’s due process rights were violated, substantial evidence existed to support the Cabinet’s decision and the correct rule of law was applied. The Court also held that the challenge to the RFP was not moot.