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SunCoke Clean Air Act lawsuit dismissed

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By Jessica Heffner, Staff Writer Updated 4:54 PM Friday, August 21, 2009

Legal actions by the city of Monroe against the SunCoke Energy plant are at a standstill after a federal court dismissed one case and a state environmental appeals commission has canceled the other.

The Clean Air Act lawsuit, filed by the city of Monroe regarding the SunCoke air permit, was dismissed Thursday, Aug 20, by the U.S. District Court for the Southern District of Ohio Western Division.

The lawsuit contended that SunCoke did not have the proper permits to construct its $340 million coke oven plant in Middletown, near Monroe’s border, and therefore its construction and operation would violate air pollution control statutes. Monroe alleged SunCoke needed a major New Source Review permit for the plant rather than the minor source review permit issued by the Ohio Environmental Protection Agency in November 2008.

Chief Judge Susan Dlott dismissed the case because, although the court had jurisdiction, based on proceedings before the Environmental Review Appeals Commission on the permit, review of the case “would be disruptive of state efforts to establish a coherent policy with respect to a matter of substantial public concern.”

However, that ERAC case was canceled Aug. 19 along with all other appeals to that agency as it reviews changes to its deadline structure mandated in the new state budget. The city of Monroe, Lemon Twp. Trustee Robert Snook and SunCoke Watch Inc. President Lisa Frye filed that appeal.

Frye said she is in a “holding pattern” until ERAC decides how to proceed.

Chris Walker, the attorney representing Monroe in its proceedings against SunCoke, said he is preparing written comments to submit to the Ohio EPA on the NSR draft permit issued for SunCoke July 27.

It is the second air permit the company has sought for the plant and is meant to “eliminate any doubt” SunCoke can meet environmental regulations, the company said.

The plant would supply coke and electricity to nearby AK Steel for at least 20 years, and create 500 temporary and about 75 permanent jobs.

The Ohio EPA will hold a public hearing to collect comments on the NSR 6:30 p.m. Sept. 2 in Johnston Hall, Room 142, at Miami University Middletown, 4200 E. University Blvd.

»Refer to SunCoke inside Article on X0

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