Judge's ruling keeps Byington on ADEM panel
Wednesday, May 31, 2006
VAL WALTON
Birmingham News staff writer A Montgomery County judge has dismissed a lawsuit that sought to remove environmental advocate Pat Byington from the board that oversees the Alabama Department of Environmental Management.
Circuit Judge Johnny Hardwick rejected a challenge that Byington is not qualified to hold the ecologist's seat on the Alabama Environmental Management Commission and that Byington violated federal conflict of interest rules.
The suit seeking Byington's ouster was filed in December 2004 by Kirkland Byars of Vestavia Hills and George Oldroyd of Alabaster. Efforts to reach the men and lawyer Glenn Waddell on Tuesday for comment were unsuccessful.
Byington's attorney, Barry Ragsdale, repeated Tuesday his argument that the lawsuit was filed in retaliation for Byington's role in a 2004 vote to fire James Warr as ADEM's director.
In October 2004, Byington and three other commissioners formed a majority that voted to fire Warr.
Waddell said at the time the suit was filed that Byars and Oldroyd were individuals interested in the qualifications of the commissioners. "I think their interest is increased by the termination of the director and the expedited process to replace him," Waddell said.
Byington had filed a countersuit, but has dismissed it as a result of Hardwick's May 18 ruling.
"This frivolous lawsuit cost Mr. Byington and his family thousands of dollars and we are grateful that the court has ruled that he can recover these costs from the plaintiffs," Ragsdale said in a statement.
Byington, an environmental consultant and publisher of the Bama Environmental News, said he was relieved to be able to put the distraction behind him and hopes to devote his four months to working on important business of the commission. Byington was appointed as a commission member to the biologist ecologist position in 2001 by former Gov. Don Siegelman and received unanimous confirmation by the Alabama Senate on April 11, 2002. His term expires in September.
"I just want to make ADEM the best environmental protection agency it can be during my last two meetings," Byington said Monday.
The men's lawsuit sought a ruling on whether Byington should have the ecologist's seat on the commission. Alabama law requires the ecologist on the board be familiar with environmental matters and hold at minimum a bachelor's from an accredited university. Byington's University of Alabama degree is in environmental studies.
The state attorney general's office issued an opinion that the law requires a degree in ecology. But Hardwick's ruling found the opinion did not address the fact no such degrees were available in 1982 when the law was passed.
"It appears that the Attorney General completely failed to consider the fact that his overly restrictive interpretation of the statute means that the Legislature would have created a position that was virtually impossible to fill at the time," Hardwick's opinion said.
The suit also alleged that Byington had a conflicts of interest in relationships he had with Auburn University and Birmingham-Southern College.
However, Hardwick ruled neither relationship violated state rules on conflicts of interest.
Gov. Bob Riley presented four appointees to the state environmental commission, including Auburn veterinarian Laurel Gardner to replace Byington. Gardner's nomination did not receive Senate approval during the closing days of the legislative session.
E-mail: vwalton@bhamnews.com
© 2006 The Mobile Register © 2006 al.com All Rights Reserved. ---
Lawsuit against Byington dismissed
Wednesday, May 31, 2006
By BILL FINCH
Environment Editor A Circuit Court judge has dismissed all charges in a long-running lawsuit against environment commissioner Pat Byington while criticizing an opinion issued by state Attorney General Troy King that the judge said fueled the case.
Barry Ragsdale, the attorney who represented Byington pro bono, said the decision by Montgomery County Circuit Judge Johnny Hardwick was "no small victory" because he rejected all claims and required the plaintiffs to pay several thousand dollars in court expenses.
But Ragsdale said he worried that the industry groups who brought the lawsuit might continue to "keep coming after" his client, who, along with other members of the Environmental Management Commission, oversees the activities of the Alabama Department of Environmental Management.
"I think they want to discourage people like Pat from participating in the environmental agencies," Ragsdale said. "They wanted to silence him and people like him."
Plaintiffs George Oldroyd and Kirkland Byars could not be reached for comment. Their attorney, Albert Jordan, refused to comment.
In the suit, the plaintiffs claimed Byington should resign because his employment with Birmingham Southern College and the Alabama Urban Forestry Association constituted a conflict of interest.
The suit also questioned whether Byington was qualified to serve in the position on the commission reserved for a "biologist or ecologist possessing as a minimum a bachelor's degree" and "training in environmental matters."
Byington, who has a degree in environmental studies from the University of Alabama and has been director of numerous environmental groups in the state, was appointed to his position in 2001. His term expires at the end of this year.
In 2004, shortly after Byington led an effort to oust ADEM Director Jim Warr, the executive director of the Alabama Forestry Association, Steve McMillan, sought an advisory opinion from the attorney general's office.
King's opinion suggested that Byington needed a degree in ecology and might not be qualified to serve. The civil lawsuit soon followed.
McMillan has acknowledged that the Forestry Association has provided financial support for the lawsuit. Warr, the fired ADEM director, was a staunch supporter of "voluntary" pollution compliance programs for the forest industry.
Hardwick wrote in his May 18 ruling that there was "no dispute that Byington was an ecologist" and took special exception to King's opinion, saying his interpretation would have the Legislature passing a law that would have been impossible to fulfill.
King's opinion, the judge wrote, was an "overly restrictive" interpretation and overlooks the fact that no degrees in ecology were even available in Alabama in 1982, when the statute was passed.
Ragsdale said the case highlights a serious problem for those who serve in state government. "Something needs to be addressed when anyone who serves can be attacked by anybody with a political motive," he said. He noted that King also refused Byington's request to have the state pay attorney's fees and court costs.
In a statement, Byington said he had voluntarily dropped counter suits that he had filed against the plaintiffs because he wanted to devote his energies to completing his work on commission business.
© 2006 The Birmingham News © 2006 al.com All Rights Reserved.
EMC APPOINTMENTS The Alabama Senate ,during the 2006 session, voted on & confirmed only three of Gov. Riley's four appointments to the EMC (ADEM'S governing board).
Auburn resident Dr.Laurel Gardner's appointment was not presented for a vote. Dr. Gardner was proposed to replace current EMC vice-chair Pat Byington.
There is strong statewide support for Mr. Byington's continued membership on the EMC. Gov. Riley may decide to allow Mr. Byington to remain on the EMC, or he may appoint someone (Dr. Gardner or someone else) as a 'recess appointment' after this legislative session ends. If he does the latter, that person's confirmation would come before the 2007 legislature.
Articles on EMC appointments
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