OXFORD MINING COMPANY, LLC v. NALLY

No. 13AP-883.

2015-Ohio-182

Oxford Mining Company, LLC., Appellant-Appellant/Cross-Appellee, v. Scott Nally, Director of Environmental Protection, Appellee-Appellee/Cross-Appellant.

Court of Appeals of Ohio, Tenth District, Franklin County.

January 22, 2015.


Attorney(s) appearing for the Case

Baker & Hostetler LLP, Maureen A. Brennan , Jason P. Perdion , and Andrew T. Johnson , for appellant/cross-appellee and for amicus curiae Ohio Coal Association.

Michael DeWine , Attorney General, L. Scott Helkowski , Kristina E. Tonn , and Gregg Bachmann , for appellee/cross-appellant.


DECISION

DORRIAN, J.

{¶ 1} Appellant/cross-appellee, Oxford Mining Company, LLC ("Oxford"), appeals the order of the Environmental Review Appeals Commission ("ERAC") affirming specific portions of Oxford's Section 401 Water Quality Certification ("Section 401 Certification") that prohibit impact to certain wetlands. Appellee/cross-appellant, the Director of the Ohio Environmental Protection Agency ("Director"), filed a cross-appeal appealing...

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