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.