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| July 10, 2009 |
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Firm Obtains Dismissal of Appeal of Air Permit
By Amy E. Romig |
Plews Shadley Racher & Braun LLP recently succeeded in obtaining the dismissal of an appeal of an air permit issued to one of its clients, VIM Recycling, Inc. The Office of Environmental Adjudication (“OEA”) dismissed the appeal of a citizens group which has been seeking to close VIM’s Elkhart facility for several years. The air permit appeal is only the most recent salvo against VIM. VIM obtained dismissal on the grounds that the appeal was untimely under a provision of the Indiana Administrative Orders and Procedures Act (“AOPA”). Although the citizens group argued that IDEM had identified a longer period of appeal in its notice of decision, VIM was able to convince the OEA that early dismissal was proper, avoiding protracted and expensive administrative litigation which was scheduled to last more than a year.
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