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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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