COLUMBUS — The Ohio Environmental Review Appeals Commission has issued a case management schedule regarding the appeal of American Municipal Power’s air permit-to-install, including a new date for a de novo hearing which was originally set to begin this past August.
The de novo hearing is set for 10 a.m., June 7-25 (if necessary) at ERAC’s offices in Columbus. “De novo” is Latin for “over again, anew.” The hearing will determine whether the air permit-to-install, which was approved by the Ohio Environmental Protection Agency, should be upheld or overturned. The Natural Resources Defense Council and Sierra Club are appealing the permit though the NRDC is providing lead counsel.
ERAC’s new case management schedule in its entirety is as follows:
• Jan. 22, the supplemental witness lists must be filed for lay witnesses related to the director’s actions of administrative modifications; appellants’ supplemental identification of experts related to the director’s action of administrative modification and deadline for exchange of any initial expert reports of appellants’ experts due.
• Feb. 22, appellee’s supplemental identification of experts related to the director’s action of administrative modification and deadline for exchange of any initial expert reports of appellants’ experts due.
• March 9, exchange of any supplemental expert reports due.
• March 22, supplemental witness lists (expert and lay witnesses related to the director’s actions of administrative modification) due.
• March 29, deadline to serve written discovery due.
• April 19, discovery cut-off (motions to compel may still be filed).
• April 26, final witness lists filed (all hearing witnesses) shall be filed. No new witnesses may be identified in this filing; dispositive motions deadline (last date for filing).
• May 24, pre-hearing briefs filed simultaneously; exchange of hearing exhibits due by 5 p.m.
• June 1, in person final prehearing conference to commence at 10 a.m.
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