Sandusky Dock Corp. v. Jones

Summary

The Ohio Supreme Court held that the Director of Environmental Protection's modification of Sandusky Dock's permit to require emission-control measures was governed by Ohio Revised Code 3704.03(R). That provision required consideration of the technical feasibility and economic reasonableness of compliance, and the director's failure to formally consider those factors rendered the modification unauthorized. The court affirmed the court of appeals' judgment.

Holdings

1. When a permit-to-operate modification requires abatement of or prohibits emissions, R.C. 3704.03(R) governs the Director's authority, and the Director must give consideration to and base the determination on evidence concerning the technical feasibility and economic reasonableness of compliance.

Questions Presented

1. Whether the Director of Environmental Protection could modify Sandusky Dock's permit to operate under R.C. 3704.03(G) without complying with the technical-feasibility and economic-reasonableness requirements of R.C. 3704.03(R).
2. Whether the Director's permit modification, which required abatement of or imposed restrictions on emissions, was governed by the more specific authority in R.C. 3704.03(R).

Disposition

affirmed