By Alabama Public Radio
Montgomery AL – A Birmingham environmentalist who helped shakeup the state's environmental commission has won a lawsuit seeking his dismissal. The lawsuit sought to remove Pat Byington from his position on the Alabama Environmental Management Commission, which made political waves in October of 2004 when it removed Jim Warr as director of the Alabama Department of Environmental Mangement. The suit was filed by Kirkland Byars of Vestavia Hills and George Oldroyd of Alabaster, who accused Byington of having a conflict of interest as a commissioner, because they said as an environmental consultant he "receives significant income indirectly from persons who discharge into the waters of the state". However, Montgomery County Circuit Judge Johnny Hardwick rejected those claims, as well as claims that Byington was not qualified for the ecologist's seat on the Commission. Byington was appointed to that seat in 2001 by then-Governor Don Siegelman. He continues to hold that seat until his replacement is nominated and then confirmed by the Legislature.