The Ohio Environmental Council has filed a notice of appeal with the Ohio Supreme Court challenging the certification of FirstEnergy's R.E. Burger power plant as a renewable energy generating facility based upon its ability to co-fire biomass and coal. More notable for the renewable energy industry, the notice of appeal also challenges the constitutionality of Ohio Revised Code 4928.65, which gives greater weight to certain renewable energy credits (RECs) from the Burger facility—the only biomass facility able to satisfy the prerequisites in the statute. More information can be obtained from the Ohio Supreme Court's docket. Coverage of earlier developments in the Burger case is available here, here and here.