Ohio v. Mass Realty, 2012-Ohio-146 (1st Dist. Ohio Jan. 18, 2012).

The Court held that Ohio EPA is not statutorily permitted to recover payroll costs, travel costs, or enforcement-related costs  under O.R.C. 3734.20(B).   To review the case, click here.

Guenther v. Springfield Township Trustees, 2012-Ohio-203 (2nd Dist. Ohio Jan. 20, 2012).

The Court held that the Township is immune from claims concerning the reconstruction of a drainage system that had become inadequate.   To read the case, click here.

Ohio EPA issues final Model General Permit for shale oil and gas well sites.

The general permit covers all operations involved in an oil and gas well site during the production phase of the well.  To review the Model General Permit, click here.

Obama Administration Releases Action Plan to Address Ocean Challenges.

The new plan also incorporates treatment of the Great Lakes. For more information, click here.

PUCO anticipates savings with passage of utility securitization bill.

The new law replaces high-interest short-term debt with low-interest long-term bonds, which PUCO believes will save utility customers money on their electric bills. For more information, click here.

US EPA issues first national standards for mercury pollution from power plants.

The standards are accompanied by a Presidential Memorandum that directs EPA to use tools provided in the Clean Air Act to implement the Mercury and Air Toxics Standards in a cost-effective manner that ensures electric reliability. For more information, click here.

Bergmann v. Michigan State Transportation Commission, No. 10-17091770 (6th Cir. Dec. 15, 2011).

A motion to enforce a CERLCA consent decree is governed by the equitable doctrine of laches rather than the state statute of limitations.

State ex rel. Doner v. Zody, Slip Opinion No. 2011-Ohio-6117 (Ohio December 1, 2011).

Where a physical or regulatory taking results in continuing damage to another’s property, the statute of limitations is tolled. 

Ohio EPA starts the New Year with several hearings on rule modifications.

The modifications would affect the hazardous waste rules, asbestos rules, composting rules, drinking and ground water operator certification rules, and surface water permit to install design flow and waste strength rules. To learn more about the hearings, click here.

Ohio EPA issues statement concerning the Patriot Water Treatment and City of Warren’s permit appeals before the Environmental Review Appeals Commission

The permit, as it was originally issued, allowed for Patriot to dispose of more than 100,000 gallons of oil and gas brine per day into the City of Warren’s sewer system.  For more information, click here.

Ohio EPA considering draft general permit for temporary wastewater discharges

Temporary discharges are usually those associated with a facility or site cleanup; a one-time emergency discharge related to an environmental cleanup activity; discharges required for restoring conditions affecting aquatic life or to protect human health and safety; and discharges resulting from testing pilot projects.  For more information, click here.

Ohio EPA proposes amended rule for particulate emissions from industrial processes

The rule would require exemptions for surface coating operations to be approved by both Ohio EPA and US EPA.  For more information, click here.

Caputo v. Toledo, 2011-Ohio-5682 (Ohio 6th Dist. Ct. of Appeals Nov. 4, 2011).

Repair of a storm sewer is a maintenance activity and, therefore a proprietary function for which the City was not entitled to statutory immunity; however, plaintiffs failed to establish a causal link and therefore cannot recover.  To read the case, click here.

State ex rel. Nix v. Bath Twp., 2011-Ohio-5636 (Ohio 9th Dist. Ct. of Appeals Nov. 2, 2011).

The 9th District Court of Appeals affirmed that Bath Township was not entitled to statutory immunity, ruling that plaintiffs challenged the Township’s maintenance of its drainage facilities, which is a proprietary fund, and not the Township’s decision to install drainage facilities.    To read the case, click here.

Ross Cty. Water Co. v. Chillicothe, No. 10-3422 (6th Cir. Nov. 30, 2011).

The Sixth Circuit upheld a rural water company’s exclusive right to provide water service to the disputed area under the Agricultural Act.

Ohio EPA issues draft rule on oil and gas exploration and production in Ohio

The new rule would affect the Marcellus and Utica Shales.  Comments on the draft rule are due on December 12, 2011. For more information, click here.

ODNR appoints new Chief of the Division of Oil and Gas Resources Management

The division is newly created and will enforce Ohio’s laws related to oil and gas drilling, production, plugging, orphan wells, solution mining, enhanced recovery, gas storage and underground injection control operations. For more details, click here.

Ohio EPA proposes updates to rules governing drinking water and wastewater operators.

The new rules would change exemption availability and would affect the process for suspending or revoking a certificate of operation. For more information, click here.

Ohio EPA proposes changes to clarify water quality trading rules.

The new changes would, among other things, disqualify load reduction from eligibility  for water quality credits when that reduction is funded through Ohio EPA’s Water Resource Restoration Sponsorship Program. For more information, click here.

State Files for Temporary Shutdown of Columbus Refinery for Air Pollution Violations

Ohio Attorney General Mike DeWine filed Charges of Contempt against Heartland Petroleum in Franklin County Environmental Court seeking the temporary shutdown of  its refinery for ongoing air pollution violations that have caused substantial odor nuisances. For more information, click here.