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.