McMahon DeGulis LLP is pleased to bring you the MD Ohio Environmental Update. The Update features important state and federal cases, statutory and regulatory changes, and policy initiatives affecting environmental law in Ohio.
Thursday, January 21, 2010
US Supreme Court denies Michigan’s motion for a preliminary injunction against Illinois regarding the closing of waterway locks to prevent the invasio
The Court issued no statement with its denial. Michigan has also moved to reopen a case granting Illinois certain rights with regards to Lake Michigan. The Court has not yet ruled on that motion.
Ohio EPA’s new Surface Water Improvement Fund offers grants for Stream Improvements across the state.
Proposals are due by February 15, 2010.
US EPA proposes to establish a program to reduce stormwater discharges from new development and redevelopment.
EPA will accept comments on the proposal until February 26, 2010.
US EPA releases reports regarding coal ash at 22 facilities throughout the United States.
The reports are part of an ongoing process undertaken by US EPA to better regulate and manage coal ash.
Ocean Policy Task Force Releases Interim Framework for Effective Coastal and Marine Spatial Planning.
Framework addresses concerns involving oceans, coasts, and the Great Lakes. Comments are due by Friday, February 12, 2010.
US EPA proposes to strengthen smog standards to between .060 and .070 parts per million.
Once the proposed rule is published in the Federal Register, the public will have 60 days to comment.
If passed, Senate Bill 165 would alter Ohio oil and gas laws.
The bill, which has been passed by the Ohio Senate, affects a number of different issues related to oil and gas law, including urban drilling.
Case Leasing & Rental v. Ohio Dep’t Natural Res., No. 09AP-498 (10th Dist. December 15, 2009).
The relative benefits doctrine does not apply to property damage caused by the negligent construction and maintenance of a lake by ODNR. Additionally, a court may not award both damages for diminution of property and costs of repair.
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