Modine Manufacturing Co. v. Pollution Control Board

Modine Manufacturing Company (Modine) appeals from a final order entered by the Pollution Control Board (Board) dismissing Mo-dine’s permit appeal as a sanction for Modine’s failure to timely file its brief. Modine argues that such a sanction was an abuse of the Board’s discretion and should be reversed. In support of its argument, Modine contends that (1) it filed its brief only five days late; (2) its failure to timely file a brief did not warrant dismissal of its petition; and (3) the sanction imposed was a radical departure from the Board’s policy of allowing late filings. We affirm the…