« Courts - Still more on "McDonald's sanctioned in strip-search case" | Main | Law - Pro-business interest group proposes "transparency code" for state attorneys general »
Tuesday, September 18, 2007
Environment - Status of the BP appeal before the Office of Environmental Adjudication
Gitte Laasby of the Gary Post-Tribune writes today:
The Alliance for the Great Lakes filed a petition on Aug. 15 asking for permission to file a belated appeal.For background, see this lengthy August 16th ILB entry.Briefs in the case were due Monday, but the Alliance, BP and the Indiana Department of Environmental Management asked for more time. Environmental Law Judge Catherine Gibbs of the Office of Environmental Adjudication granted the request.
The new date for oral argument is 11 a.m. Dec. 14 in Indianapolis.
Gibbs has up to 90 days to make a decision unless the parties agree to another date, Chief Environmental Law Judge Mary Davidsen told the Post-Tribune on Monday.
Until the oral argument, the parties will build their cases by exchanging information in writing and at a deposition in Chicago Oct. 10 and 11, she said.
"They can focus on what's disputed and develop their dispute better," Davidsen said. "It pins down what's really at issue, or not, and what each party thinks helps their case."
The Alliance for the Great Lakes argued that IDEM failed to notify people who commented on the permit that the final permit had been issued as state law requires. As a result, opponents did not have a chance to appeal before the 18-day appeal period ended.
IDEM maintains it followed appropriate notification procedures.
Posted by Marcia Oddi on September 18, 2007 12:37 PM
Posted to Environment