OxfordPress.com

CINCINNATI — Monroe officials are asking a federal court to issue an order to stop construction of a $340 million coke plant in Middletown.

Attorney Christopher Walker, who represents the city of Monroe, said a motion for the preliminary injunction was filed Monday, Feb. 23, in U.S. District Court in Cincinnati.

Walker said Friday the suit was filed against the Middletown Coke Co. and its parent, SunCoke Energy of Knoxville, Tenn. The case is before Judge Susan J. Dlott and Magistrate Judge Timothy S. Hogan.

"It remains to be heard by the court," Walker said. "I have no idea on how it will rule on the motion, but I will have a better sense next week."

A conference call with the court is set for 1:30 p.m. Monday, March 2, to review the motion, he said.

Walker said the federal environmental laws in question concern the authorization to begin construction, which began on Jan. 22 for the coke-making and electric co-generation plant at a site along Yankee Road near the Monroe border.

The Ohio Environmental Protection Agency on Nov. 25 approved the air permit, which was reviewed by the federal EPA.

"In Monroe's complaint that was filed Jan. 28, we asked for an injunction to stop the illegal construction of the SunCoke project," he said. "The motion filed Monday was to explain to the court the request for the injunction and the city's entitlement to it."

Monroe stated in its preliminary injunction that the company admitted the plant would emit up to 2,700 tons of air pollution annually. Monroe contends that a federally mandated program, New Source Review, was circumvented.

Mark McCormick, SunCoke general counsel, called Monday's conference call "routine."

Contact this reporter at (513) 705-2871 or erichter@coxohio.com.