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SunCoke in limbo after court reversal

Company declines to comment on status of $360M plant after Ohio Supreme Court says a state board erred

Crews were working Wednesday at the site where the SunCoke plant is being constructed.

MIDDLETOWN — “The fate of the $360 million SunCoke Energy facility could be in limbo after the Ohio Supreme Court reversed the decision of a state board granting an application for the company to build in Middletown.

The Ohio Supreme Court ruled Wednesday that the Ohio Power Siting Board erred by denying it had jurisdiction to review the environmental impact of coke ovens that are to be part of an electric power “co-generation station” of the SunCoke plant being built off Yankee Road.

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,”

— Jessica Heffner, Middletown Journal

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MIDDLETOWN — The fate of the $360 million SunCoke Energy facility could be in limbo after the Ohio Supreme Court reversed the decision of a state board granting an application for the company to build in Middletown.

The Ohio Supreme Court ruled Wednesday that the Ohio Power Siting Board erred by denying it had jurisdiction to review the environmental impact of coke ovens that are to be part of an electric power “co-generation station” of the SunCoke plant being built off Yankee Road.

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.

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