CLEVELAND — The air pollution permit for the proposed Baard Energy coal refinery expired two months ago, according to a legal filing with the Ohio Environmental Review Appeals Commission by two national environmental organizations. The Natural Resources Defense Council and Sierra Club note in their brief that Baard Energy had neither begun construction, entered into contracts, nor requested a permit extension from Ohio EPA by May 20, 2010, eighteen months after the permit was granted.
In their motion, the groups ask the Commission to either vacate or revoke the proposed coal refinery’s air pollution permit. Baard Energy has not responded to this filing and the Commission has not ruled on the motion.
Ohio Citizen Action obtained a non-confidential copy of the July 13 motion through a public records review at the Commission.
The Vorys, Sater, Seymour and Pease law firm had announced in June that it was withdrawing as legal counsel for Baard Energy. On July 1, Christopher Jones and Christopher Ward of the Calfee, Halter and Griswold law firm notified the Commission they would represent Baard in this case. Jones was the Ohio EPA Director under Governor Bob Taft.
The air permit case had originally been scheduled for June but was cancelled when Vorys abruptly withdrew. On July 15, the Commission gave the attorneys in the case until August 16 to file a case management schedule for a February 7, 2011 hearing.
— Sandy Buchanan, Executive Director, Ohio Citizen Action
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