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NRDC v. POET BIOREFINING-NORTH MANCHESTER

No. 49A02-1205-MI-423.

987 N.E.2d 531 (2013)

NATURAL RESOURCES DEFENSE COUNCIL, Appellant-Respondent, v. POET BIOREFINING-NORTH MANCHESTER, LLC, Poet Biorefining-Cloverdale, LLC, Central Indiana Ethanol, Inc., and Indiana Department of Environmental Management, Appellees-Petitioners, Green Plains Bluffton, LLC, and Anderson Clymers Ethanol, LLC, Appellees-Intervenors.

Court of Appeals of Indiana.

April 30, 2013.

Attorney(s) appearing for the Case

Kim E. Ferraro , Hoosier Environmental Council, Valparaiso, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Andrew R. Falk , Deputy Attorney General, Indianapolis, IN, Attorneys for Ind. Dept. of Environmental Management.

Anthony C. Sullivan , E. Sean Griggs , Mark J. Crandley , Timothy A. Haley , Barnes & Thornburg, Indianapolis, IN, Attorneys for Central Indiana Ethanol, Inc.

John E. Haller , Shumaker, Loop & Kendrick, LLP, Columbus, Louis E. Tosi , Joseph S. Simpson , Shumaker, Loop & Kendrick, LLP, Toledo, OH, Attorneys for Andersons Clymers Ethanol, LLC.

Vicki J. Wright , Bryan S. Strawbridge , Krieg DeVault LLP, Indianapolis, IN, Attorneys for Green Plans Bluffton, LLC.

Terri A. Czajka , Ice Miller LLP, Indianapolis, IN, Attorneys for Poet Biorefining-North Manchester, LLC and Poet Biorefining-Cloverdale.

OPINION

MAY, Judge.

In 2010 the Indiana Department of Environmental Management (IDEM) issued permits to some fuel-grade ethanol production facilities. The permits did not categorize the facilities as "chemical process plants", as such facilities had been categorized in the past. Facilities identified as "chemical process plants" are permitted to emit only 100 tons of certain air pollutants per year, while facilities not so identified may emit up to 250 tons...

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