Ohio Attorney General issues opinion regarding the maintenance of underground storm water drainage.

A township is not required to maintain or repair underground storm water drainage facilities when those facilities were installed by a developer and located in unincorporated territory.  The duty to maintain only arises when necessary for the removal of water from township roads.  For more information, click here.

U.S. EPA finalizes rules governing carbon sequestration.

The new rules ensure appropriate geographical testing and monitoring of CO2 movement.  To review the rules, click here.

U.S. EPA proposes guidance for underground storage tanks.

The guidance addresses how to store biofuel blends.  Comments are due December 17, 2010.  For more information, click here.

U.S. EPA in the process of studying the effect of hydraulic fracturing process on drinking water quality.

Of the nine firms currently using the fracturing process, eight complied with EPA’s request for information.  The study is congressionally mandated.  For more information, click here.

U.S. EPA finalizes greenhouse gas reporting requirements for the petroleum and natural gas industries.

Petroleum and natural gas facilities that emit at least 25,000 metric tons of carbon dioxide must report emissions of carbon dioxide, methane, and nitrous oxide.  For more information, click here.

Ohio EPA issues draft revisions to water quality standards containing designated uses for eight bodies of water.

The revisions would affect Grand River, Sandusky River, Huron River, Great Miami River, Portage River, Muskingum River, Mahoning River and Mill Creek.  For more information, click here.

Ohio EPA issues draft renewal general permit covering industrial storm water discharges.

The new draft adds different industries and establishes additional monitoring requirements.  For more information, a public information session will be held on December 16, 2010.  For more information, click here.

Ohio Department of Natural Resources issues a draft report containing recommendations for implementing the Great Lakes Compact in Ohio.

The advisory board that produced these recommendations will submit a final report to the Governor and General Assembly by December 15, 2010.  For more information, click here.

Fink v. Twentieth Century Homes, 2010-Ohio-5486 (8th Dist. Ohio November 10, 2010).

In a suit against a public entity (for common law torts allegedly caused by the maintenance of a sewer system), a plaintiff need not affirmatively demonstrate an exception to immunity to survive a motion to dismiss.  To review the case, click here.

Ohio EPA issues draft NPDES general permit for storm water discharges associated with industrial activity.

This new permit is slightly different from the federal MSGP; it excludes certain industries from coverage (including petroleum bulk terminals and coal surface mining) and alters monitoring requirements.  For more information, click here.

Milford, Ohio aquifer site proposed to be added to Superfund National Priorities List

The groundwater is contaminated with VOCs.  Currently, the source of these contaminants is unknown. To learn more, click here.

The Federal Trade Commission proposes new green guidelines.

The new guidelines provide direction to marketers attempting  to make environmental benefit claims about their products.  For more information, click here.

Toledo, Ohio agrees to make major improvements to city’s sewer system at an estimated cost of $315 million.

The agreement modifies a 2002 agreement involving the Toledo’s sewer system and aims to reduce the City’s persistent sewage overflows into Swan Creek, the Maumee River, and the Ottawa River. For more information, click here.

New 49.9 MW solar farm to be built in Southeastern Ohio.

The farm would house 239,400 solar panels and create 600 (300 permanent) jobs.  For more information, click here.

Ohio EPA issues draft permit for petroleum related corrective actions.

Changes include new limits for lead and a more specific analytical method.  Comments due December 20, 2010.  For more information, click here.

EPA proposes new rule limiting emissions from sewage sludge incinerators.

The proposed rule sets New Source Performance Standards and emission guidelines. For more information, click here.

Ohio EPA seeks comments on Urban Setting Designation for the City of Cleveland.

The designation would reduce ground water cleanup requirements under Ohio’s Voluntary Action Program and would  promote redevelopment.  Comments due by November 16, 2010.  For more information, click here.

State ex rel. MJB Realty of Cincinnati v. Butler Cty. Bd. of Commrs., 2010-Ohio-4803 (12th Dist. Ohio 2010).

MJB Realty  sued, seeking to overturn a decision by the Butler County Board of Commissioners that disallowed a sewage lift station on the Plaintiff’s property.  Without the lift station, MJB could not develop its property as it desired, and it alleged that the County’s refusal constituted a taking.  The Court held that the County’s decision did not constitute a taking, because MJB did not have a constitutionally protected right to access the County’s sewer system.  To review the case, click here.

U. S. Environmental Protection Agency and National Highway Traffic Safety Administration Seek Public Input on New Fuel Economy Labels

The new labels would affect new vehicles starting in 2012 and would provide information regarding fuel economy and consumption, fuel costs, and environmental impacts. For more information, click here.

Ohio EPA proposes Antidegradation Rule amendments.

A hearing will be held on the proposed amendments on November 10, 2010 in Columbus.  Comments will be accepted until November 10, 2010.  To learn more, click here.

United States v. Bd. of Commrs. of Hamilton Cty., No. 10-3116 (6th Cir. October 27, 2010).

In September, the Sixth Circuit held that Loveland is barred from challenging the effects of a Clean Water Act consent decree.  Appellant Loveland sought rehearing en banc, which the Court unanimously rejected.  McMahon DeGulis attorney Louis McMahon represented the City of Cincinnati in the case. 

Ohio EPA orders the Village of Camden to obtain a new drinking water source.

Residents complained of a salty taste to the water, and each of the Village’s three wells exceeded chloride standards.  For more information, click here.

Ohio Department of Natural Resources opens grant program to preserve, protect and enhance Ohio’s Lake Erie costal resources.

The grants are available to communities, local governments, non-profit organizations, state agencies, planning commissions and educational institutions.  Applications are due Friday, November 19, 2010.  For more information, click here.

Ohio EPA makes draft Ground Water Rule Guidance available for comment.

The guidance aims to help reduce the number of triggered source water monitoring sample required.  Comments are due October 11, 2010.  For more information, click here.

US EPA issues new funding for brownfield assessment and job training grants.

Proposals are due October 15, 2010. For more information, click here

Ohio EPA proposes new groundwater rule aimed at increasing protection against contaminants.

The new rule adopts federal standards. 

Monroe Falls v. Division o f Mineral Resources Management, No. 10AP-66 (10th Dist. Ohio Sept. 21, 2010)

The Court affirmed the decision of the trial court regarding ODNR’s issuance of a drilling permit near the Cuyahoga River.  In its holding, the Court noted that the statutory framework governing the issuance of drilling permits only requires the minimization of drilling risks, not the complete elimination of such risks. 

To review the case, click here.

The State of Ohio is currently accepting applications for funding of biofuel projects.

Grant proposals are due Friday, October 22, 2010, and the State will host a conference for interested parties on Wednesday, October 6, 2010.   Click here for more information.

In re Whirlpool Corp. Front-Loading Washer Products Liability Litigation, No. 1:08-WP-65000 (N.D. Ohio Sept. 15, 2010)

Court refused to dismiss plaintiffs’ fraud claim regarding the marketing of washers as “ENERGY STAR” and “High Efficiency.” 

Director of the Ohio Department of Natural Resource issues warning regarding drilling leases.

As drilling in Eastern Ohio becomes more popular (a result of the recent interest in the Marcellus Shale formation), the Director urges property owners to do their research before signing a lease.  For more information, click here.

Swallie v. Rousenberg, No. 09-MO-2 (7th Dist. Ohio Sept. 23, 2010)

The 7th District held that the oil and gas rights of a property remained with the assignee of those rights regardless of the fact that the property thereafter changed ownership. 

To review the case, click here.

Stark C & D Disposal v. Board of Health of Stark County, No.10AP-51 (10th Dist. Ohio Sept. 28, 2010).

The Court upheld an ERAC ruling permitting the expansion of a C&D facility to within 1000 feet of a private well despite the local Board of Health’s decision to deny the expansion.  The Court’s holding is based upon ERAC’s interpretation of the rules governing C & D facilities and the lack of scientific data supporting the Board of Health’s decision. 

To review the case, click here.

United States v. Loveland, No.10-3116 (6th Cir. Sept. 15, 2010)

Loveland is barred by the doctrines of laches and equitable estoppel from challenging the effects of a Clean Water Act consent decree.  McMahon DeGulis attorney Louis McMahon represented the City of Cincinnati in the case. 

Ford Motor v. Michigan Consol. Gas, 08-cv-13503-DT (E.D. Mich. Aug. 27, 2010).

Defendant’s counterclaim for cost recovery under CERCLA is dismissed for failing to properly allege “necessary costs” in the counterclaim.

US EPA to regulate dyes, flame retardants, and industrial detergents

EPA plans to address these widely used chemicals under the Toxic Substances Control Act.

Morgan v. Silver Lake, 2010-Ohio-3581 (Ohio 9th Dist. August 4, 2010).

Court affirms judgment classifying Plaintiff’s well as an auxiliary water system and upholding Village Director’s order to install a backflow prevention device. View the case.

Federal Task Force sends recommendations to President Obama regarding Clean Coal Technology

The recommendations address Carbon Capture and Storage.

Ohio DNR now accepting comments on its plan for the Coastal Zone Enhancement Grants Program

The plan sets forth the Department’s assessment and strategy for 2011-2015. Comments are due September 17, 2010. View the plan.

US EPA proposes to change chemical reporting requirements under the Inventory Update Reporting Rule

Included in the changes are a requirement to submit information electronically for quicker public access and a limitation on the information that can be deemed confidential. View the changes.

Ohio EPA issues guidance on standards for area sources

The newly issued guidance clarifies the various MACT/GACT rules.

Stamper v. Richmond Heights, 2010-Ohio-3884 (Ohio 8th Dist. August 16, 2010)

Plaintiff failed to establish that storm water flooding on Plaintiff’s property constituted a taking because a City has no duty to maintain or repair a private storm water sewer system on private property that it did not construct, did not appropriate or accept and was not part of a regularly running public watercourse.  To view the case, click here.

Ohio EPA revises its draft general NPDES permit for non-contact cooling water discharges

Comments on the draft are due September 30, 2010.  Click here for more information.

EPA Proposes Stopgap Rules to Facilitate Greenhouse Gas Emission Permitting

U.S. EPA’s Greenhouse Gas Tailoring Rule, finalized in May, 2010, requires that facilities with certain greenhouse gas emissions must be permitted under the Clean Air Act by January, 2011. Covered facilities include power plants, industrial boilers, and oil refineries. U.S. EPA’s proposed rules are meant to fill the gap as some states will not be able to revise their State Implementation Plans in time to cover these emissions. U.S. EPA has proposed a Federal Implementation Plan whereby the permits would be issued by U.S. EPA.




To view EPA’s fact sheet on the proposed rules, please click here.

TSCA Inventory Update Reporting Rule Proposed

U.S. EPA has proposed a draft Inventory Update Reporting rule under the Toxic Substances Control Act. The proposed rule requires manufacturers of certain chemicals on the TSCA Chemical Substances Inventory to electronically submit information on the manufacturing, importing, processing and use of chemical substances. EPA is also altering the circumstances under which reporting requirements are triggered and the data that must be reported. EPA is accepting public comments on the proposed rule through October 12, 2010.

To view the publication of the proposed rule in the Federal Register, please click here.

EPA Issues Chemical Action Plans

U.S. EPA has issued Chemical Action Plans to address potential health risks with benzidine dyes, hexabromocyclododecane (HBCD) and nonylphenol (NP)/nonylphenol ethoxylates (NPEs) – chemicals widely used in consumer and industrial applications, including dyes, flame retardants, and industrial laundry detergents. The Action Plans include adding HBCD and NP/NPE to EPA’s Chemicals of Concern list and issuing significant new use rules for all three chemicals. For HBCD and benzidine dyes, the Action Plans also include imposing new Toxic Release Inventory reporting requirements and potentially banning or limiting the manufacture or use of the chemicals.

To view the Chemical Action Plans, please click here.

New Fuel Economy Labels Proposed

U.S. EPA and the U.S. Department of Transportation are jointly proposing to change the fuel economy labels that are required on all new cars and light-duty trucks sold in the U.S. The labels are intended to enable consumers to make informed vehicle comparisons. The Energy Independence and Security Act of 2007 requires EPA and DOT to rate available vehicles according to fuel economy, greenhouse gas emissions and smog forming pollutants. The agencies are seeking public input on two proposed label designs.
To view the proposed fuel economy labels, please click here.

Ohio EPA updates Hazardous Waste Tank Advisory.

The changes aim to facilitate review of Part B permit application and affect external concrete liners.

U.S. EPA proposes new rule to reduce fine particle and ozone pollution in the eastern United States.

The new rule, known as the “Transport Rule,” would include requirements for reductions in SO2 and NOx emissions and allows for units to opt-in to a proposed emissions trading program.

EPA Allows More Time For Input On Coal Ash Rule

The U.S. Environmental Protection Agency said Friday it would extend the public hearings in 7 cities on this rule.  The EPA has proposed groundbreaking national regulations for the disposal and management of coal ash from coal-fired power plants. For more information, click here.

U.S. House of Representatives to debate Toxic Chemicals Safety Act of 2010.

If passed, the Act would widely expand the reporting and testing obligations already required of the chemical industry.

US EPA Issues Rules on Mercury Emissions from Cement Plants

On August 9, 2010, the US EPA issued its final rulings on mercury and other toxic emissions from cement plants. These are the first national limits to be imposed on existing and new Portland cement manufacturing facilities, the third largest source of mercury emissions. The rules will be fully implemented in 2013.  Click here for more information.

Ohio EPA issues overview of groundwater quality in Ohio.

The report summarizes data on the quality of Ohio’s major aquifers.

Ohio joins four other states in filing new lawsuit against the Obama Administration to prevent the spread of Asian Carp into the Great Lakes.

Filed in the Northern District of Illinois, the suit alleges claims under the Administrative Procedures Act as well as a claim for public nuisance.

Ohio EPA revises memorandum regarding the small source BAT exemption.

The revisions describe DAPC’s approach to determining BAT for sources that emit under ten tons per year and became effective on July 2, 2010.

US v. Washington State Dept. of Transp., No. 08-5722RJB (W.D. Wash. June 7, 2010).

Washington State Department of Transportation (WSDOT) constructed a drainage system to protect a roadway from water damage. Coal tar migrated from the adjacent soil through the drainage system and into a nearby waterway. The Court held that WSDOT is strictly liable under CERCLA as an arranger for the contamination.

Ohio EPA issues draft antidegradation rule.

The new rule clarifies applicability of exemptions for existing sources and clarifies procedures regarding a water body’s pollutant assimilative capacity. Comments are due August 19, 2010.

Ohio Department of Natural Resources announces the re-opening of the Conservation Reserve Program.

Under the program, farmers and other land owners plant grass, trees and shrubs to protect soil and water and add wildlife habitat to the landscape. In return, program participants ensure income on touch-to-farm and low producing areas. Enrollment began Monday, August 2, 2010.

Ohio EPA issues draft amendments to align Ohio regulations with the federal Greenhouse Gas Tailoring Rule.

Comments due August 13, 2010.

U.S. EPA acts to ensure proper cleanup of Enbridge Spill in Michigan.

Over 800,000 gallons of crude oil have spilled to date.

Ohio EPA issues new guidance regarding indoor vapor intrusions.

The new guidance should help with collection and evaluation of indoor air for those undertaking remedial response.

Ohio EPA issues Draft 2010 Water Pollution Control Loan Fund Program Management Plan.

The new plan would expand the types of financial assistance available for water quality improvement projects.

US EPA sends letter to Congress to support reinstatement of Superfund “polluter pays” taxes.

The reinstatement would tax manufacturers and sellers of substances that typically cause environmental problems in order to pay for the cost of cleanup at Superfund sites. Currently, the Superfund program draws from the General Revenue to support cleanup efforts.

US EPA publishes proposed rule regarding coal combustion residuals.

EPA proposes to either classify coal combustion under subtitle C or subtitle D of RCRA. Comments due September 20, 2010.

US EPA proposes new permit requirements for pesticide discharge.

The proposed rule stemmed from a decision of the 6th Circuit ruling that pesticide discharges are pollutants, thus requiring a permit. (Nat’l Cotton Council v. EPA, No. 06-4630 (6th Cir. Jan. 7, 2009).)

US EPA holds three public hearings and extends the comment period for regulatory proposals addressing boiler emissions.

Comments now due August 3, 2010.

US EPA proposes to update the Drinking Water Rule to better protect public health.

The revisions would require vulnerable public water systems to identify and fix problems.

Governor Strickland signs law aimed at drawing more green energy to Ohio.

The new law eliminates the tangible personal property tax and real tax on energy generation in advanced energy projects in Ohio.

Read more here: http://development.ohio.gov/newsroom/2010PR/June/6.htm

Penn. Gen. Ins. Co. v. Park-Ohio Indus., 2010-Ohio-2745 (Ohio June 22, 2010).

In a case regarding the allotment of insurance liability, the Court affirmed all-sums allocation, and further held that a failure to notify a non-targeted insurer of a pending claim does not make that insurer’s policy inaccessible for contribution.

The Court opinion is available here: http://www.sconet.state.oh.us/rod/docs/pdf/0/2010/2010-ohio-2745.pdf

Boley v. Goodyear Tire & Rubber Co., 2010-Ohio-2550 (Ohio June 10, 2010).

The Court held that O.R.C. 2307.941(A) bars tort liability against a premises owner for asbestos exposure originating from asbestos on the owner’s property where the exposure occurred off the owner’s property. This will affect secondary exposure asbestos cases filed after the enactment of O.R.C. 2307.941(A).

The Court Opinion is available here: http://www.sconet.state.oh.us/rod/docs/pdf/0/2010/2010-ohio-2550.pdf

Banford v. Aldrich Chem. Co., 2010-Ohio-2470 (Ohio June 9, 2010)

In a nuisance claim, in order to recover damages for annoyance and discomfort, plaintiff must present evidence of physical discomfort.

Monsanto v. Geertson Seed Farms, No. 09-475 (June 21, 2010)

Under NEPA, where an agency proposal requires an EIS, regulations may permit some action in furtherance of that proposal while the EIS is prepared.

Stop the Beach Renourishment v. Florida Dept. of Envtl. Prot., No. 08-1151 (June 17, 2010)

Florida’s decision to restore eroded beach by filling in submerged land did not constitute an unconstitutional taking of littoral property owners’ rights.

Ohio State and Ohio University partner to address climate change policies and their impact on Ohio.

The institutions received ARRA funding to help prepare the State for any future climate change legislation.

Ohio approves Clean Ohio grants to communities for brownfield redevelopment

The grants, totaling almost $800,000, were awarded to Massillon, Columbus, and the Stark County Park District.

Ohio EPA comments on US EPA’s proposal to strengthen its ozone standard.

Ohio EPA focused on the accomplishments it has already made and the difficulty of meeting a more stringent standard.

The Nuclear Regulatory Commission sends a special inspection team to the Davis-Besse Nuclear Power Plant.

The team will investigate recent cracks in control rod drive mechanism nozzles discovered at the site.

American Municipal Power and Ohio DNR announce a carbon offsetting program at Shawnee State Forest.

The program will reforest approximately 25 acres.

Ohio EPA issues Covenant Not to Sue to Steelyard Commons.

Suzanne Fisher and Dave Nash of McMahon DeGulis represented Steelyard Commons through the VAP process.

EPA approves Ohio Surface Coal Mine.

EPA approved a Clean Water Act permit for the mine to be located in Tuscarawas County.

Ohio Department of Development announces new Brownfield Revolving Loan Fund.

Local governments and nonprofits may apply for grants of up to $200,000. Applications are due by April 9, 2010.

EPA awards Cincinnati $500,000 to reduce GHGs.

The City will use the funds to promote GHG reduction to people and businesses in the Cincinnati area.

Ohio EPA issues comments on the GHG Tailoring Rule.

While Ohio EPA supports limiting GHGs, the comments indicate that it would prefer legislation on the matter rather than regulating GHGs through the Clean Air Act.

In light of Sierra Club v. Korleski, Ohio EPA issues new guidance regarding the 10/year exemption for BAT.

Until the exemption is approved as part of Ohio’s SIP, Ohio EPA intends to evaluate new and modified sources on a case-by-case basis.

Ohio EPA issues a new solid waste management plan.

The new plan aims to encourage additional recycling and GHG reductions.

Bill introduced in Ohio House to address electronic waste.

The bill creates obligations for the manufacturers of computers to institute a “take-back” program and reporting requirements for recyclers.

Ohio EPA accepting comments on rule changes regarding the implementation of water quality standards and NPDES permits.

As part of its changes, Ohio EPA would remove the definition for “non-point source” and would allow thermal mixing zones in state lakes and waters designated as Exceptional Warmwater Habitat and Coldwater Habitat. Comments due April 26, 2010.

Sierra Club v. Jones, No. 255633 (ERAC March 17, 2010).

In order to determine whether a permit to install has expired, ERAC sought to determine whether a continuing program to install had started. For such a program to exist, the company seeking a continuation of the PTI must bring forth more than just contracts associated with the physical construction of a facility.

Salem v. Korleski, No. 09AP-620 (Ohio App. Dist. 10 March 23, 2010).

On appeal from ERAC, the Court held that for the issuance of an NPDES permit the rule regarding total dissolved solids does not require data from a 30-day period but rather concomitant evidence.

Ohio Power Siting Board approves first large wind farms in Ohio.

McMahon DeGulis Attorney Dave Nash represented JW Great Lakes Wind Farm before the Power Siting Board. The farm received its approval on March 22, 2010. Located in Hardin County, the farm will span over 3,400 acres and will include between 19 and 27 wind turbines with a total capacity of 50MW.

Kentucky Oil and Refining v. W.E.L., No. 7:09-148 (E.D. Ky March 8, 2010).

The Court granted a preliminary injunction ordering Kentucky Oil to clean up waste on its property, holding that W.E.L. had a substantial likelihood of success on its RCRA claim. As part of its evaluation, the Court stated that W.E.L. need not demonstrate that the waste in question originated with Kentucky Oil, but rather, that the waste was now on Kentucky Oil’s property and presents an imminent and substantial endangerment to health or the environment.

Grizzly Processing v. Wausau Underwriters Insurance, No. 7:08-266-KKC (E.D. KY March 11, 2010).

The effect of a pollution exclusion policy must be based on the specific policy in question. If the policy does not including language limiting “pollution” to that which was expected or intended by the insured, then the court should not read such a limitation into the policy. Furthermore, a federal court need not decline jurisdiction in an insurance case where the claims triggering the insurance policy arise out of state law so long as the facts supporting a state law action are already developed.

Four Ohio Communities coordinate with US EPA to reduce carbon footprint.

Ohio approves $1 million in Clean Ohio Funds for brownfield remediation.

Grants given to Northern Woods County Port Authority, City of Mount Vernon, City of Lancaster, City of Cuyahoga Falls, and Athens County Port Authority.

Ohio EPA now accepting registration for those interested in becoming a Recycling Facility Participant.

Participants would accept appliances for recycling as part of Ohio’s Energy Efficient Appliance Rebate Program.

Multi-Agency strategy developed to address the potential invasion of Asian Carp into the Great Lakes.

US EPA, the Army Corps of Engineers, US Fish and Wildlife Service, the United States Coast Guard and the Illinois Department of Natural Resources were involved in the creation of this strategy.

Federal Government to reduce greenhouse gas pollution by 28 percent by 2020.

The pledge aims to inspire investment in clean energy.

Ohio to establish Ohio Energy Gateway Fund to invest in energy projects and companies.

$40 million has been committed to the fund.

Ohio awarded $6 million from US Department of Labor for green job training.

Funding will be spent in auto-impacted communities.

Governor Strickland appoints Steven Lesser as PUCO Commissioner.

Lesser had previously served as the chief of staff at the PUCO.

US Chamber of Commerce to challenge EPA’s endangerment finding regarding greenhouse gas emissions.

The Chamber objects to EPA’s use of the Clean Air Act to regulate greenhouse gas emissions.

Ohio EPA amends the rules regarding Title V permitting.

The new changes aim to improve implementation of the program and include provisions to help a facility transition out of Title V.

SEC Issues Interpretive Guidance on disclosures related to Climate Change.

Included in the guidance are examples of how climate change might trigger disclosure requirements.

Ohio EPA to terminate its CAMR program in light of upcoming US EPA regulation on the matter.

The new federal rule will regulate mercury emissions from coal-fired power plants.

Ohio Envtl. Dev. Ltd. P’ship v. Ohio Envtl. Prot. Agency, No. 09 AP-683 (Ohio 10th Dist. Ct. App. Feb. 9, 2010).

Ohio Environmental Development Limited Partnership operated emission checkpoints on leased property in Cincinnati as part of Ohio’s E-check program. Following the initiation of the program, Ohio petitioned US EPA to allow termination of its E-check program. Ohio then terminated its program without approval and in violation of the Clean Air Act. OEDLP brought claims related to the continuing violation of Ohio’s SIP. However, the court held that the statute of limitations for these claims was triggered upon non-renewal of the contract and not based on the continuing violation; therefore the claims were barred. Furthermore, even though the parties contracted to practice in commercial good faith, the court held that a violation of the Clean Air Act did not constitute failure to practice in commercial good faith.

Natl. Solid Wastes mgt. Assn. v. Stark-Tuscarawas-Wayne Joint Solid Waste Mgt. Dist., 2010-Ohio-228 (Ohio 5th Dist. Ct. App. January 25, 2010).

A solid waste district must obtain Ohio EPA approval for its initial and amended solid waste management plans. Where a district does not amend its plan, Ohio EPA may write a plan for the district; however, only a plan written by the district may authorize local rulemaking.

Sierra Club v. Korleski, No. 2:08-cv965 (S.D. Ohio Feb. 2, 2010).

Ohio EPA may not exempt sources that emit fewer than 10 tons from its best available technology requirement unless US EPA approves such a modification to Ohio’s State Implementation Plan. This essentially reverses some of the reforms of ORC §3704.03.

Am. Canoe Ass’n v. Louisa, No. 01-99-ART (E.D. Ky Jan. 27, 2010).

In a Clean Water Act citizen suit, a substantially prevailing party is entitled to attorneys’ fees and costs. A party need not achieve complete success in order to qualify as a substantially prevailing party; however, the fee awarded must be reasonable. Reasonableness is determined based on the location of the venue and the appropriateness of time spent, among other things.

US Supreme Court denies Michigan’s motion for a preliminary injunction against Illinois regarding the closing of waterway locks to prevent the invasio

The Court issued no statement with its denial. Michigan has also moved to reopen a case granting Illinois certain rights with regards to Lake Michigan. The Court has not yet ruled on that motion.

Ohio EPA’s new Surface Water Improvement Fund offers grants for Stream Improvements across the state.

Proposals are due by February 15, 2010.

US EPA proposes to establish a program to reduce stormwater discharges from new development and redevelopment.

EPA will accept comments on the proposal until February 26, 2010.

US EPA releases reports regarding coal ash at 22 facilities throughout the United States.

The reports are part of an ongoing process undertaken by US EPA to better regulate and manage coal ash.

Ocean Policy Task Force Releases Interim Framework for Effective Coastal and Marine Spatial Planning.

Framework addresses concerns involving oceans, coasts, and the Great Lakes. Comments are due by Friday, February 12, 2010.

US EPA proposes to strengthen smog standards to between .060 and .070 parts per million.

Once the proposed rule is published in the Federal Register, the public will have 60 days to comment.

If passed, Senate Bill 165 would alter Ohio oil and gas laws.

The bill, which has been passed by the Ohio Senate, affects a number of different issues related to oil and gas law, including urban drilling.

Case Leasing & Rental v. Ohio Dep’t Natural Res., No. 09AP-498 (10th Dist. December 15, 2009).

The relative benefits doctrine does not apply to property damage caused by the negligent construction and maintenance of a lake by ODNR. Additionally, a court may not award both damages for diminution of property and costs of repair.

Stark C&D Disposal v. Bd. Health, No. ERAC 766132 (Ohio Env.Rev.App.Com. January 6, 2010).

The Ohio General Assembly did not intend to establish a minimum distance requirement for the modification of a C&D landfill. Instead of focusing on the distance between a landfill and private water wells, when considering a modification application local boards of health should consider the adverse effect of a landfill on public health, safety, and the environment.

United States v. Lexington-Fayette Urban County Gov’t, No. 06-00386 (6th Cir. January 7, 2010).

A district court may not disapprove of a Clean Water Act settlement due to the fact that the settlement involves civil penalties rather than remedial action. 33 U.S.C. §1319(d) expressly permits civil penalties in these circumstances.

Nat’l Solid Wastes Mgmt. Ass’n v. Stark-Tuscarawas-Wayne Joint Solid Waste Mgmt. Dist., No. 2009-Ohio-6765 (Ohio 2009).

The Director of Ohio EPA is not a necessary party to a suit regarding the legality of locally enacted solid-waste-management rules.

United States v. Bd. County Comm’rs Hamilton County, No. 1:02-cv-00107 (S.D. Ohio January 14, 2010).

The city of Loveland sought to secede from its municipal sewer district, which was the subject of a federal consent decree. Because Loveland was neither a party to the consent decree nor participated in the comment period, the court held that the theories of laches and equitable estoppel prevent secession. Lou McMahon and Andrea Salimbene represented the City of Cincinnati in this case.