STATEOF FLORIDA a) C & i DEPARTMENT OF ENVIRONMENTAL PROTECTION — 24 Noy 29 E. AMBER HOLOBAUGH, JACQUELINE ) vig LANE, JANET YORK, and ANTHONY ) fb OF CAMUS, ) FRAT ye ) OGCCase.No. 06- ier itis Petitioners, ) DOAH Case Nos. 06-2855 ) 06-2854 vs. . ) 06-2857 ) 06-2858 INTERNATIONAL PAPER COMPANY and _ +) DEPARTMENT OF ENVIRONMENTAL ) PROTECTION, ) ) Respondents. ) ) FINAL ORDER An Administrative Law Judge with the Division of Administrative Hearings ("DOAH") issued a Recommended Order of Dismissal (‘Recommended Order’) in ~ this administrative proceeding. The Recommended Order dismissed the Amended Petition of the Petitioners, E. Amber Holobaugh, Jacqueline Lane, Janet York, and Anthony Camus, for lack of standing. A copy of the Recommended Order was . served upon the Petitioners and counsel for the Respondents. A copy of the Recommended Order is attached hereto as Exhibit A. No exceptions were filed by any party to this proceeding. This matter is now before the Secretary of the Department of Environmental Protection ("DEP") for final agency action.” BACKGROUND “The Notice of Intent was published in the Pensacola News Journal on July 15, 2006. On July 27, 2006, the Petitioners filed separate petitions (“Petitions”) challenging that Notice of intent. DEP forwarded the Petitions to DOAH and requested that an administrative law judge be assigned to conduct the necessary administrative proceedings. DOAH Administrative Law Judge, Bram Canter (“ALJ”), . was assigned to preside over the cases. The four petitions were consolidated, and International Paper filed “Respondent International Paper's Motion to Dismiss and Motion to Strike the Petitions” on grounds that the Petitioners lacked standing. DEP filed a response to International Paper’s motions. The ALJ held a hearing and dismissed the Petitions “with leave for the Petitioners to file amended petitions. Petitioners timely filed a joint “Petitioner Lane's First Amended Petition and Amended Petitions of Other Petitioners and Request to Continue Hearing Until January 2007” (“Amended Petition"), and Intemational Paper and DEP filed motions to dismiss this Amended Petition. . The ALJ held a hearing on the motions to dismiss and found that the Petitioners did not have a good,understanding of the applicable regulations, their injuries were speculative, and they were relying on air quality standards for ozone and particulate emissions not adopted by DEP. Thus, the ALJ found that the. Petitioners failed to demonstrate they will suffer an injury in fact which is of sufficient immediacy to entitle them to a formal,administrative proceeding and dismissed the Amended Petitions.. Agrico Chemical Company Vv. Department of Environmental Reaulation, 406 So.2d 478 (Fla, 2d DCA 1981). " CONCLUSION The case law of Florida holds that parties who fail to file exceptions alerting the reviewing agency to purported: errors in DOAH hearing procedures or the factual findings in recommended orders waive their right to contest those matters. See, Couch v. Commission on Ethics, 617 S0.2d 1119, 1124 (Fla. 5" DCA 1993); Florida Dept. of Corrections v. Bradley, 510 So.2d 1122, 1124 -(Fla. 16 DCA 1987). The ALJ’s Recommended Order finds that Petitioners did not sufficiently allege standing to maintain a challenge to DEP's Notice of Intent. Nevertheless, the Petitioners failed to file Exceptions to the Recommended Order, as authorized by § 120.57(1)(k), F.S., and Rule 28-106-217, FAC. The Petitioners have thus waived their rights to object to the ALJ's findings. | find that the ALJ’s interpretation of the standing requirements, as applied to the Petitions and Amended Pétitions, is reasonable. Having considered the applicable law of standing in light of the ALJ's uncontested findings, it is ORDERED: . A. The Recommended Order of Dismissal (Exhibit A) is adopted in its entirety, and the joint Amended Petition is dismissed with prejudice. B. DEP's Northwest District Office shall ISSUE to International Paper Company the air construction Permit No. 0330042-012-AC, subject to the conditions set forth in the draft permit attached to the Notice of intent to Issue. ) Any party to this proceeding has the right to seek judicial review of the Final Order pursuant to Section 120.68, F.S., by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the clerk of DEP in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the . applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this Final Order is filed with the clerk of DEP. DONE AND ORDERED this _{*J day of November, 2006, in Tallahassee, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION COLLEEN M/CASTILE Secretary Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard : Tallahassee, Florida 32399-3000 FILED ON THIS DATE PURSUANT TO § 120.52, FLORIDA STATUTES, WITH THE DESIGNATED DEPARTMENT CLERK, RECEIPT OF WHICH iS HEREBY ACKNOWLEDGED. Roa Poudbene— 1 lia lise ‘ LERK DATE CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the foregoing Final Order has been sent by United States Postal Service to: Jacqueline M. Lane 10738 Lillian Highway Pensacola, Florida 32506 Janet York 6434 Meadowfield Circle ‘Cantonment, Florida 32526 Patricia Comer, Esq. - Dept. of Environmental Protection The Douglas Building, MS 35 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 E. Amber Holobaugh 1039 Isabella Road Cantonment, Florida 32533 Anthony Camus _ 1037 Isabela Road Cantonment, Florida 32533 Terry Cole, Esq. Gavin D. Burgess, Esq. . Oertel, Fernandez, Cole, & Bryant, P.A. P.O. Box 1110 Tallahassee, Florida 32301 ‘Thomas M..Beason Chief Deputy General Counsel 3900 Commonwealth Boulevard, MS 35 Tallahassee FL 32399-3000

Docket for Case No: 06-002854

Orders for Case No: 06-002854