Natural Resources Defense Council v. Poet-Biorefining-North Manchester, LLC, et al. - 5/1/14

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Thursday  May 1, 2014 
9:45 AM  EST

9:45 a.m. 49A02-1205-MI-423. The Office of Environmental Adjudication determined the State Implementation Plan ("SIP") required the Indiana Department of Environmental Management to categorize the fuel ethanol facilities as "chemical process plants" for the purpose of regulated air emissions.  The Marion Superior Court reversed.  The Court of Appeals reversed the trial court, concluding the SIP categorized ethanol fuel facilities as chemical process plants and IDEM could not change its treatment of the facilities without obtaining approval of an amended SIP from the Environmental Protection Agency.  Nat'l Res. Def. Council v. Poet Biorefining-North Manchester, 987 N.E.2d 531 (Ind. Ct. App. 2013), reh'g denied, trans. pending.  IDEM and Central Indiana Ethanol, LLC have petitioned the Court to accept jurisdiction over the appeal.

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