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.