Recently, the Toledo Blade had a story on the recent court ruling regarding the FDS Coke permit. The FDS permit has been the subject of numerous appeals which have dragged on years. The 10th Appellate Court recently issued a ruling sending the FDS permit back to the Environmental Review Appeals Commission for determination of whether construction had begun in order to maintain
Court Orders Full Hearings in Ohio Environmental Appeals
The saga involving the Environmental Review Appeals Commission (ERAC) appears to have come to a conclusion (see prior post). ERAC had limited all administrative hearings to 1-hour in response to deadlines imposed by the Ohio General Assembly. Today, a Franklin County Common Pleas Court issued an judgment entry today ordering ERAC to:
- Vacate all one hour hearings;
- Require
Ohio Environmental Appeals Proceed with 1-hour Hearings Despite Court Actions
The latest developments in the saga involving current hearing process in the Ohio Environmental Review Appeals Commission (ERAC) shows chaos rains for the hundreds of appeals pending before the Commission. As previously covered on this blog (see, A Dozen Companies File Constitutional Challenges to 1-hour Hearings), in response to legislative deadlines imposed on the
A Dozen Companies File Constitutional Challenge to 1-hour Hearings on Ohio Environmental Appeals
A discussed in prior posts, the Environmental Review Appeals Commission (ERAC) has taken an aggressive respond to deadlines imposed by the Ohio Legislature compelling ERAC to render decisions in 339 appeals in a matter of months. It issued orders in all pending appeals canceling prior hearings and establishing an expedited hearing format that consists of the
Environmental Commission Responds Forcefully to Appeal Deadlines Established by the Ohio Legislature
The Ohio General Assembly included in the state budget a series of deadlines for issuing decisions in environmental appeals. (See prior post) The deadlines apply to the Environmental Review Appeals Commission (ERAC) which hears administrative appeals for hundreds of Ohio EPA and other state Agency actions. Here are the deadlines imposed on ERAC:
The commission (ERAC) shall
Ohio Budget Includes Directive to Speed Up Decisions on Environmental Appeals
Buried in the thousand pages of the Ohio Budget Bill (H.B. 1) is an amendment that could have a major impact on hundreds of pending and future appeals of environmental decisions. The budget bill amendment includes language placing strict deadlines for issuing decisions on environmental appeals. The deadlines could impact some very controversial permit appeals, including the