KOR-KO LTD. AND JOHN E. ROTHAMEL v. MARYLAND DEPARTMENT OF THE ENVIRONMENT
Court of Appeals, Harrell, Jan. 25, 2017,
Introductory Paragraphs – Harrell is still at it, this time opening a case about a crematorium with the lyrics to ‘Dust in the Wind’

Dust in the wind;
All we are is dust in the wind.
Opening lyrics of “Dust in the Wind” on
Kansas’s “Point of Know Return” album (1977).

Would Kansas’s song have made it to No. 6 on the “Billboard Hot 100” and
achieved Gold Record sales status in 1978 had listeners understood that the dust in the
wind may have contained arsenic, hexavalent chromium, hydrogen chloride, dioxins, and
mercury, as we learn from the controversy before us, a case involving the emissions to
the air from the operation of a crematorium?

There actually is a dissent in this case, but unfortunately the dissent doesn’t relate to Harrell’s persistent attempts to be entertaining. Maybe some day.

(I may come back to this one- Watts dissents with McDonald and Greene joining. The issue being whether review of an agency decision should be based on whether it is a reasonable interpretation of statute or whether it needs to be based on longstanding practice and practical impact.)