Trans Rail America, Inc. v. Enyeart

(¶ 48} Does the Environmental Review Appeals Commission (“ERAC”) have jurisdiction over Trans Rail’s appeal? I would hold that it does.

{¶ 49} Appellee Trans Rail attempted to submit an application for a license for a facility for the disposal of construction and demolition debris in Trumbull County. The company argues that timing for a completed application was important because more stringent siting criteria were to take effect on July 1, 2005. It made a first submission to the health department in May 2004 but was told that the application was incomplete. Even though it submitted additional…