Neighbors Opposing Pit Expansion, Inc. v. Stevenson

Citations

• 2025 Ohio 2237

Syllabus

Order reversed. The appellant sought to appeal a permit-to-install (\PTI\) to the Environmental Appeals Review Commission (\commission\). R.C. Chapter 3745 provides two avenues for appeal to the commission: R.C. 3745.04 and 3745.07. While R.C. 3745.07 specifically provides appeal rights to non-parties, such as the appellant in the present case, the appellant failed to file its notice of appeal within the time required by R.C. 3745.07. R.C. 3745.04 provides appeal rights to entities who were a \party to a proceeding before the director\ of the Ohio Environmental Protection Agency (\OEPA\). The appellant relied on two documents to claim it was a party to the proceeding for the PTI, but neither document presented OEPA with the appellant's position, arguments, or concerns regarding the pending application for the PTI. As such, the appellant was not a party to the proceeding for purposes of R.C. 3745.04. Because the appellant failed to timely file its notice of appeal pursuant to R.C. 3745.07 and could not appeal the PTI pursuant R.C. 3745.04, the commission lacked jurisdiction to entertain the appellant's appeal of the PTI.