Court of Appeals reverses decision on environmental permit, remands case for evidentiary hearing

Topic: Environmental Law, Decided by: Judge Walker 
Docket Number: 2114835 , Decision Date: October 12, 2023 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

This case involved a challenge to a decision by the Environmental Protection Division (“EPD”) to issue a permit to the City of Columbus for its Combined Sewer System.  The Administrative Law Judge had granted summary determination in favor of the EPD, and the Superior Court of Spalding County upheld this decision on judicial review.  However, the Court of Appeals reversed the superior court’s decision, finding that summary determination was not proper because disputes of material facts existed.  The case was remanded for the Administrative Law Judge to hold an evidentiary hearing.  

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