Thursday, October 28, 2010

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.

Wednesday, October 27, 2010

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.

Tuesday, October 26, 2010

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.

Thursday, October 21, 2010

Thursday, October 14, 2010

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.

Wednesday, October 13, 2010

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.

Tuesday, October 12, 2010

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.” 

Monday, October 11, 2010

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.