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Supreme Court takes ethanol plant emissions suit

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The Indiana Supreme Court will hear the state’s appeal of a Court of Appeals ruling placing stricter limits on emissions from ethanol plants.

Justices granted transfer in Natural Resources Defense Council v. POET Biorefining-Cloverdale LLC et al., 49A02-1205-MI-423.

The Court of Appeals ruled for the NRDC, holding that Indiana could not permit ethanol plants to operate in a category allowing annual emissions of up to 250 tons of airborne pollutants. The plants instead should be in a category allowing up to 100 tons, the court held.

Judge Melissa May wrote the state could not properly exclude ethanol plants from the category of “chemical process plants,” without approval of the Environmental Protection Agency, and therefore, the stricter limit applied.

The Supreme Court also will hear an appeal in a worker’s compensation case that divided the Court of Appeals, Jason Young v. Hood’s Gardens, Inc., 29A02-1303-PL-298.  

The Court of Appeals found that Young, who suffered injuries while working for a tree service which left him quadriplegic, could not pursue secondary liability against Hood’s Gardens Inc. because the value of the work performed was less than $1,000. Judge James Kirsch dissented, because the value of the wood that the contractor was allowed to keep wasn’t factored into the $600 Hood’s paid to have a hickory tree removed.

The court also granted transfer last week in the case of a blogger convicted of intimidating a judge. Justices affirmed convictions Tuesday in Daniel Brewington v. State of Indiana, 15S01-1405-CR-309.

Supreme Court transfer dispositions may be viewed here.


 

 

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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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