McMahon DeGulis LLP is pleased to bring you the MD Ohio Environmental Update. The Update features important state and federal cases, statutory and regulatory changes, and policy initiatives affecting environmental law in Ohio.
Thursday, October 22, 2009
Ohio EPA Adopts New Storm Water Rules
Changes are clerical in nature and do not modify the current rule requirements.
PUCO schedules oral arguments on FirstEnergy compact fluorescent light bulb program
Oral arguments scheduled for Wednesday, October 28, 2009 at 1:30 p.m. at the PUCO Offices.
State awarded judgment in hazardous waste case
State will receive $14.7 million from the judgment against four Dayton defendants.
ERAC vacates all scheduled one hour de novo hearings and associated deadlines
Changes made pursuant to AEP Ohio, et al. v. Ohio, et. al., No. 09-CV-14494 (Franklin County Ct. Com. Pl. Oct. 9, 2009).
Ohio EPA announces environmental insurance program
Details new insurance program for contaminated property.
Recovery Act Energy Efficiency and Conservation Block Grant Program
Approved application of federal stimulus money for energy-savings and efficiency.
Ohio EPA seeks comments on proposed antidegradation rule
Comment period extended until 60 days after a related stream mitigation rule is proposed.
Ohio EPA recommends changes to water quality standards
The proposed rule incorporates national methods for calculating water quality criteria for the protection of human health. Comment period extended until 60 days after a related stream mitigation rule is proposed.
Ohio EPA proposes draft rule concerning water quality certifications
Comment period extended until 60 days after a related stream mitigation rule is proposed.
Ohio EPA issues draft renewal of general NPDES permit
Renewal may potentially provide coverage to small sanitary discharge systems in Ohio. Comments due Friday, October 20, 2009.
Ohio EPA seeks comments on two draft general permits concerning small sewage treatment facilities
Comments welcome through Friday, October 30, 2009.
PUCO modifies rules for Ohio’s alternative energy portfolio standard
Modified rules implement Senate Bill 221, Ohio’s Electricity Law.
Ohio EPA moves to adopt the federal Long Term 2 Enhanced Surface Water Treatment Rules
Comments due Thursday, October 22, 2009.
Ohio EPA proposes to adopt the federal Stage 2 Disinfectants and Disinfection Byproducts Rule
Comments accepted until Thursday, October 22, 2009.
U.S. EPA set to declare sole aquifer status
Aquifer located in Bryan, Ohio would be the sole source of drinking water for 9 counties in 3 states. Comments due Friday, November 6, 2009.
Ohio EPA proposes new solid waste and energy recovery facility rule
Rule would clarify permitting process for anaerobic digestion operations. Comments accepted until Friday, October 30, 2009.
Ohio EPA sets forth new rule on air pollution proclamations
Rule contains criteria for justifying air pollution “Alerts,” “Warnings,” and “Emergencies.”
Ford Motor Co. v. Michigan Consolidated Gas Go., 2009 WL 3190418 (E.D. Mich. 2009)
CERCLA cost recovery action discussing the interplay between §106 and §113.
Ashtabula River Corp. Group II v. Conrail, Inc., et al., No. 1:07 CV 3311 (N.D. Ohio 2009).
Case regarding non-governmental settlements and contribution protection under CERCLA §113.
Wednesday, October 7, 2009
Ashtabula v. Norfolk Southern Corp., 633 F.Supp.2d 519 (N.D. Ohio 2009).
CWA Suit brought by the City of Ashtabula regarding coal discharge into the Ashtabula River
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