ILNews

Rockport plant opponents appeal quick permit extension

Back to TopCommentsE-mailPrintBookmark and Share

Editor's note: This story has been updated.

Environmental groups opposed to a controversial coal gasification plant proposed for southwest Indiana have asked for state administrative review of a permit that was extended without a hearing on the day it was set to expire.

The Sierra Club and Valley Watch, Inc. filed a petition for administrative review of the Indiana Department of Environmental Management’s permit renewal because they say it was done without public notice. The groups contend notice and perhaps hearings are required under the state’s administrative code. The petition is filed with the Indiana Office of Environmental Adjudication.

IDEM more than 18 months ago issued a “Prevention of Significant Deterioration New Source Construction/Part 70 Operating Permit” for the facility proposed to be built in Rockport by Indiana Gasification, LLC, a subsidiary of hedge fund Leucadia National Corp. The Rockport plant project manager is Mark Lubbers, a one-time aide to former Gov. Mitch Daniels, who championed the project.

The permit issued in June 2012 was set to expire Dec. 28, 2013, according to IDEM. The petitioners say 326 IAC 2-2-8(a)(l) stipulates such permits “shall become invalid” if construction hasn’t started within 18 months. IDEM extended the permit on Dec. 26, the same day Indiana Gasification filed a permit amendment application, according to the petition. It says IDEM violated its rules in doing so.

“IDEM’s failures to follow public notice procedures or provide a justification for the extension in the Permit Amendment not only renders the Permit Amendment invalid and the PSD Permit expired, but they deprived the Petitioners their right to know and to comment upon the basis for IDEM’s decision,” the petition concludes.

IDEM spokesman Dan Goldblatt said that under the federal Clean Air Act, the agency was not required to conduct hearings on an extension that did not constitute a modification of the existing permit.

Goldblatt said in a statement Wednesday the extension request was processed pursuant to Indiana’s federally approved State Implementation Plan rule, 326 IAC 2-2-8(a), which does not require a 30-day notice and comment period. He said notice was provided to interested parties including Sierra Club and Valley Watch.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT