Buckeye Power, Inc. v. Korleski

Tyack, Judge.

{¶ 1} Appellants, Buckeye Power, Inc., Columbus Southern Power Company and Ohio Power Company d.b.a. American Electric Power, the Dayton Power and Light Company, Duke Energy Ohio, Inc., and Ohio Valley Electric Corporation, are a consortium of Ohio electric utilities (collectively, the “utilities”). The utilities challenged revised Ohio Environmental Protection Agency (“OEPA”) rules governing disposal of residual solid waste (“RSW”) and, in particular, coal-combustion waste produced by a flue-gas desulferization system or “scrubber.” The utilities appeal from a final order of the…