Administrative: Waste Management District-Financial Assistance Agreement

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Defendant appealed the trial court’s grant of judgment for plaintiff on its claims for declaratory judgment and injunctive relief. Defendant challenged the trial court’s conclusion that statutory law no longer required a financial assistance agreement for waste management districts to receive funds because defendant retained oversight and authority, which also led the trial court to invalidate related regulations. Plaintiff also moved for attorneys’ fees on appeal.

Where the language of the amended statute clearly and unambiguously required the distribution of Solid Waste Management Fund funds, the trial court did not err in ruling that defendant could not condition the distribution of funds on WMDs submitting a FAA.

Judgment is affirmed; case remanded for determination of attorneys’ fees.

St. Louis-Jefferson Solid Waste Management District v. Department of Natural Resources (MLW No. 80657/Case No. WD85984– 16 pages) (Missouri Court of Appeals, Western District, Witt, J.) Appealed from circuit court, Cole County, Green, J. (Richard Norman Groeneman, St. Louis, for appellant) (Erin P. Seele, St. Louis, for respondent)