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NEW BOSTON COKE CORP. v. TYLER

No. 86-1798.

32 Ohio St. 3d 216 (1987)

NEW BOSTON COKE CORPORATION, APPELLANT, v. TYLER, DIR., APPELLEE.

Supreme Court of Ohio.

Decided September 2, 1987.

Attorney(s) appearing for the Case

Porter, Wright, Morris & Arthur, Samuel H. Porter and Robert A. Meyer, Jr., for appellant.

Anthony J. Celebrezze, Jr., attorney general, Dominic J. Hanket and Sharon Sigler, for appellee.

SWEENEY, J.

The present action has been predicated upon what consideration, if any, the Director of the Ohio Environmental Protection Agency must afford the criteria prescribed by R.C. 3704.03(E)(1) through (3) in amending Ohio Adm. Code 3745-17-07(E)(4). It is the contention of appellant that the director was required to consider the factors set forth in the aforementioned statute prior to the promulgation of the ten percent particulate emission limitation contained...

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