FDS COKE PLANT, L.L.C. v. JONES

No. 04AP-971.

166 Ohio App.3d 224 (2006)

2006-Ohio-1642

FDS COKE PLANT, L.L.C., Appellee, v. JONES, Dir., Appellee; Sierra Club, Appellant.

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

Decided March 31, 2006.


Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, L.L.P., William D. Hayes, and Richard P. Fahey; Gardner, Carton & Douglas, L.L.P, and Francis X. Lyons, for FDS Coke Plant, L.L.C.

Jim Petro, Attorney General, and John K. McManus, Assistant Attorney General, for Christopher Jones, Director of Environmental Protection.

E. Dennis Muchnicki, for the Sierra Club.


CHRISTLEY, Judge.

{¶ 1} Appellant, the Sierra Club, appeals from an order of the Environmental Review Appeals Commission ("ERAC"). That order denied its motion for leave to intervene as a party appellee in an earlier appeal ("FDS Coke appeal") by FDS Coke Plant, L.L.C. ("FDS Coke"). The FDS Coke appeal challenged certain conditions set out in a permit issued by Christopher Jones, the Ohio Director...

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