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COLUMBUS STEEL CASTINGS CO. v. NALLY

No. 11AP-932.

2012 Ohio 4417

Columbus Steel Castings Co., Successor to Buckeye Steel Castings Company, Appellant-Appellee, v. [Scott Nally], Director of Environmental Protection, Appellee-Appellant.

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

September 27, 2012.

Attorney(s) appearing for the Case

Porter, Wright, Morris & Arthur, LLP, Robert L. Brubaker and David E. Northrop , for appellee.

Michael DeWine , Attorney General, Gregg H. Bachmann , Samuel C. Peterson and Clint R. White , for appellant.

DECISION

TYACK, J.

{¶ 1} Appellant, Scott Nally, the director of the Ohio Environmental Protection Agency ("appellant" or "Director"), appeals from an order of the Environmental Review Appeals Commission ("ERAC") concluding that the Director acted unlawfully in issuing a Title V permit to Buckeye Steel Castings Company ("Buckeye Steel") with new substantive requirements in the federally enforceable section thereof and granting Columbus...

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