In a 4-1 decision, the court reversed the siting board’s approval of the $360 million facility. It remanded SunCoke’s application to the siting board for further proceedings to determine whether the proposed facility “represents the minimum adverse environmental impact,” according to the ruling.
Justice Evelyn Lundberg Stratton dissented, arguing the coke plant isn’t an associated facility under the siting board’s jurisdiction and the ruling encroaches on the Ohio Environmental Protection Agency’s jurisdiction. Chief Justice Eric Brown didn’t participate in the decision.
The city of Monroe, which borders where the plant is being built, appealed the siting board’s ruling to the Ohio Supreme Court. Chris Walker, an attorney representing Monroe, said he is pleased with the decision.
“We trust that in light of the court’s ruling, the OPSB will now evaluate all environmental impacts associated with Middletown Coke’s generation of electricity, as well as alternatives sites for the facility,” he said.
Walker added that Ohio law prohibits the construction of a major utility without a certificate from the OPSB, stating any further construction is illegal unless the board re-issues the certificate.
Joe McGinn, spokesman for SunCoke, did not comment on the status of the plant’s construction, which started in April.
As of Wednesday afternoon, several vehicles were moving dirt and activity was ongoing at the construction site.
“At this point, I think we are evaluating the situation with the decision ... and what the decision means, and what are the appropriate steps moving forward for us,” he said.
The Ohio Power Siting Board reviews applications for the siting of large electric and natural gas generating and transmission facilities in Ohio. It approved SunCoke’s application in January 2009.
About the Author