Citizens for Clean Industry, Inc. v. Lofton

ARNOLD, Chief Judge.

Petitioners assign error to six of the various conclusions of law in Judge Cashwell’s order. Basically though, petitioners present two questions: (1) whether they are legally entitled to an administrative hearing in OAH concerning the DOA decision, and (2) whether they are legally entitled to an administrative hearing in OAH concerning the permitting decision of DEHNR.

The purpose of an EA is to provide DEHNR with a decision making tool to determine if a planned project is of such significance or scope and impact on the environment as to require the preparation of an EIS.…