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.