Interstate Properties v. Schregardus, Unpublished Decision (12-30-1999)

OPINION

Appellant, Interstate Properties, appeals from the February 4, 1999 final order of the Environmental Review Appeals Commission ("ERAC") affirming the decision of appellee, the Director of the Ohio Environmental Protection Agency (the "Director" and "OEPA," respectively) to issue to appellant a certain water quality certificate pursuant to Section 401 of the Clean Water Act, Section 1341, Title 33, U.S. Code.

Appellant is an Ohio partnership seeking to develop a shopping mall on thirty-three acres of land in Summit County, Ohio. In so doing, appellant proposed to straighten approximately…