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Tuesday, April 30, 2013

Ind. Decisions - Two important environmental decisions today from the Court of Appeals

Today is the last day of the month and the Court of Appeals released 25 opinions today, 10 of them "for publication."

Included in this list is NRDC v. Poet Bio-Refining [7th case in list], where the panel ruled:

The issue before us is whether the State could properly exclude fuel-grade ethanol production plants from the category of “chemical process plants” without Environmental Protection Agency (EPA) approval of a modification to the Indiana State Implementation Plan (SIP). As it could not, the ethanol plants remain “chemical process plants,” and we must reverse the trial court.
Here is a preliminary IndyStar story on the ethanol ruling that begins:
Indiana environmental regulators improperly changed state rules to allow ethanol refineries to each emit an extra 150 tons of air pollutants a year, an appellate court ruled today.
The second case, Parker v. Obert's Legacy Dairy [9th case in list], involves CAFOs and the Right to Farm Act, and whether the Act bars a nuisance claim against the Dairy. The COA panel found for the Dairy, despite the Parkers arguments:
First, the Parkers assert the Act does not apply in a nuisance action between two agricultural operations. Second, they contend that the Oberts’ conversion of a specific part of their farm, from crops to a concentrated feeding operation, constitutes a significant change precluding the Act’s applicability. Finally, the Parkers argue that the Act has no applicability since they have resided at their property for years before the alleged nuisance began.

Posted by Marcia Oddi on April 30, 2013 01:07 PM
Posted to Environment | Ind. App.Ct. Decisions