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U.S. Steel Corp. v. Williams

Citation: 11 ELR 20453
No. Nos. 79-AP-21, -22, 417 N.E.2d 576/65 Ohio App. 2d 178, (Ohio Ct. App., 06/12/1979)

The court rules that the Ohio Environmental Protection Agency illegally refused to entertain appellant's request for a hearing at which to demonstrate its entitlement to variances from Ohio air pollution control requirements. Although under OHIO REV. CODE ANN. § 3704.03(H) the Agency is empowered to grant variances in certain circumstances, Agency regulations prohibit the granting of variances for non-attainment areas after April 15, 1977. However, this apparent inconsistency had previously been resolved because under federal law no variances after this date are permitted. In this case, however, appellant seeks variances from state requirements only, variances which would not conflict with federal requirements. The court concludes that since there is no risk of violating federal clean air requirements, state law demands that the Agency at least consider applications for variances from state requirements, and the court remands the case for further adjudicatory proceedings.

Counsel for Appellant
Lee E. Larson, Dorothy A. Servis, Van Carson, James F. Allen
Squire, Sanders & Dempsey
1800 Union Commerce Bldg., Cleveland OH 44115
(216) 696-9200

Counsel for Appellee
Wiliam J. Brown, Attorney General; David E. Northrup, Colleen K. Nissl, Ass't Attorneys General
State Office Tower, 30 E. Broad St., Columbus OH 43215
(614) 466-3376

STRAUSBAUGH, P.J., and WHITESIDE, J., concur.