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Ohio State and Ohio University partner to address climate change policies and their impact on Ohio.

The institutions received ARRA funding to help prepare the State for any future climate change legislation.

Ohio approves Clean Ohio grants to communities for brownfield redevelopment

The grants, totaling almost $800,000, were awarded to Massillon, Columbus, and the Stark County Park District.

Ohio EPA comments on US EPA’s proposal to strengthen its ozone standard.

Ohio EPA focused on the accomplishments it has already made and the difficulty of meeting a more stringent standard.

American Municipal Power and Ohio DNR announce a carbon offsetting program at Shawnee State Forest.

The program will reforest approximately 25 acres.

The Nuclear Regulatory Commission sends a special inspection team to the Davis-Besse Nuclear Power Plaint.

The team will investigate recent cracks in control rod drive mechanism nozzles discovered at the site.

Ohio EPA issues Covenant Not to Sue to Steelyard Commons.

Suzanne Fisher and Dave Nash of McMahon DeGulis represented Steelyard Commons through the VAP process.

EPA approves Ohio Surface Coal Mine.

EPA approved a Clean Water Act permit for the mine to be located in Tuscarawas County.

EPA awards Cincinnati $500,000 to reduce GHGs.

The City will use the funds to promote GHG reduction to people and businesses in the Cincinnati area.

Ohio Department of Development announces new Brownfield Revolving Loan Fund.

Local governments and nonprofits may apply for grants of up to $200,000. Applications are due by April 9, 2010.

In light of Sierra Club v. Korleski, Ohio EPA issues new guidance regarding the 10/year exemption for BAT.

Until the exemption is approved as part of Ohio’s SIP, Ohio EPA intends to evaluate new and modified sources on a case-by-case basis.

Ohio EPA issues comments on the GHG Tailoring Rule.

While Ohio EPA supports limiting GHGs, the comments indicate that it would prefer legislation on the matter rather than regulating GHGs through the Clean Air Act.

Ohio EPA issues a new solid waste management plan.

The new plan aims to encourage additional recycling and GHG reductions.

Bill introduced in Ohio House to address electronic waste.

The bill creates obligations for the manufacturers of computers to institute a “take-back” program and reporting requirements for recyclers.

Ohio EPA accepting comments on rule changes regarding the implementation of water quality standards and NPDES permits.

As part of its changes, Ohio EPA would remove the definition for “non-point source” and would allow thermal mixing zones in state lakes and waters designated as Exceptional Warmwater Habitat and Coldwater Habitat. Comments due April 26, 2010.

Sierra Club v. Jones, No. 255633 (ERAC March 17, 2010).

In order to determine whether a permit to install has expired, ERAC sought to determine whether a continuing program to install had started. For such a program to exist, the company seeking a continuation of the PTI must bring forth more than just contracts associated with the physical construction of a facility.

Salem v. Korleski, No. 09AP-620 (Ohio App. Dist. 10 March 23, 2010).

On appeal from ERAC, the Court held that for the issuance of an NPDES permit the rule regarding total dissolved solids does not require data from a 30-day period but rather concomitant evidence.

Ohio Power Siting Board approves first large wind farms in Ohio.

McMahon DeGulis Attorney Dave Nash represented JW Great Lakes Wind Farm before the Power Siting Board. The farm received its approval on March 22, 2010. Located in Hardin County, the farm will span over 3,400 acres and will include between 19 and 27 wind turbines with a total capacity of 50MW.

Kentucky Oil and Refining v. W.E.L., No. 7:09-148 (E.D. Ky March 8, 2010).

The Court granted a preliminary injunction ordering Kentucky Oil to clean up waste on its property, holding that W.E.L. had a substantial likelihood of success on its RCRA claim. As part of its evaluation, the Court stated that W.E.L. need not demonstrate that the waste in question originated with Kentucky Oil, but rather, that the waste was now on Kentucky Oil’s property and presents an imminent and substantial endangerment to health or the environment.

Grizzly Processing v. Wausau Underwriters Insurance, No. 7:08-266-KKC (E.D. KY March 11, 2010).

The effect of a pollution exclusion policy must be based on the specific policy in question. If the policy does not including language limiting “pollution” to that which was expected or intended by the insured, then the court should not read such a limitation into the policy. Furthermore, a federal court need not decline jurisdiction in an insurance case where the claims triggering the insurance policy arise out of state law so long as the facts supporting a state law action are already developed.

Ohio approves $1 million in Clean Ohio Funds for brownfield remediation.

Grants given to Northern Woods County Port Authority, City of Mount Vernon, City of Lancaster, City of Cuyahoga Falls, and Athens County Port Authority.

Four Ohio Communities coordinate with US EPA to reduce carbon footprint.

Multi-Agency strategy developed to address the potential invasion of Asian Carp into the Great Lakes.

US EPA, the Army Corps of Engineers, US Fish and Wildlife Service, the United States Coast Guard and the Illinois Department of Natural Resources were involved in the creation of this strategy.

Ohio EPA now accepting registration for those interested in becoming a Recycling Facility Participant.

Participants would accept appliances for recycling as part of Ohio’s Energy Efficient Appliance Rebate Program.

Federal Government to reduce greenhouse gas pollution by 28 percent by 2020.

The pledge aims to inspire investment in clean energy.

Ohio to establish Ohio Energy Gateway Fund to invest in energy projects and companies.

$40 million has been committed to the fund.

Ohio awarded $6 million from US Department of Labor for green job training.

Funding will be spent in auto-impacted communities.

US Chamber of Commerce to challenge EPA’s endangerment finding regarding greenhouse gas emissions.

The Chamber objects to EPA’s use of the Clean Air Act to regulate greenhouse gas emissions.

Governor Strickland appoints Steven Lesser as PUCO Commissioner.

Lesser had previously served as the chief of staff at the PUCO.

SEC Issues Interpretive Guidance on disclosures related to Climate Change.

Included in the guidance are examples of how climate change might trigger disclosure requirements.

Ohio EPA amends the rules regarding Title V permitting.

The new changes aim to improve implementation of the program and include provisions to help a facility transition out of Title V.

Ohio EPA to terminate its CAMR program in light of upcoming US EPA regulation on the matter.

The new federal rule will regulate mercury emissions from coal-fired power plants.

Natl. Solid Wastes mgt. Assn. v. Stark-Tuscarawas-Wayne Joint Solid Waste Mgt. Dist., 2010-Ohio-228 (Ohio 5th Dist. Ct. App. January 25, 2010).

A solid waste district must obtain Ohio EPA approval for its initial and amended solid waste management plans. Where a district does not amend its plan, Ohio EPA may write a plan for the district; however, only a plan written by the district may authorize local rulemaking.

Ohio Envtl. Dev. Ltd. P’ship v. Ohio Envtl. Prot. Agency, No. 09 AP-683 (Ohio 10th Dist. Ct. App. Feb. 9, 2010).

Ohio Environmental Development Limited Partnership operated emission checkpoints on leased property in Cincinnati as part of Ohio’s E-check program. Following the initiation of the program, Ohio petitioned US EPA to allow termination of its E-check program. Ohio then terminated its program without approval and in violation of the Clean Air Act. OEDLP brought claims related to the continuing violation of Ohio’s SIP. However, the court held that the statute of limitations for these claims was triggered upon non-renewal of the contract and not based on the continuing violation; therefore the claims were barred. Furthermore, even though the parties contracted to practice in commercial good faith, the court held that a violation of the Clean Air Act did not constitute failure to practice in commercial good faith.

Am. Canoe Ass’n v. Louisa, No. 01-99-ART (E.D. Ky Jan. 27, 2010).

In a Clean Water Act citizen suit, a substantially prevailing party is entitled to attorneys’ fees and costs. A party need not achieve complete success in order to qualify as a substantially prevailing party; however, the fee awarded must be reasonable. Reasonableness is determined based on the location of the venue and the appropriateness of time spent, among other things.

Sierra Club v. Korleski, No. 2:08-cv965 (S.D. Ohio Feb. 2, 2010).

Ohio EPA may not exempt sources that emit fewer than 10 tons from its best available technology requirement unless US EPA approves such a modification to Ohio’s State Implementation Plan. This essentially reverses some of the reforms of ORC §3704.03.

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.

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.

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.

Stark C&D Disposal v. Bd. Health, No. ERAC 766132 (Ohio Env.Rev.App.Com. January 6, 2010).

The Ohio General Assembly did not intend to establish a minimum distance requirement for the modification of a C&D landfill. Instead of focusing on the distance between a landfill and private water wells, when considering a modification application local boards of health should consider the adverse effect of a landfill on public health, safety, and the environment.

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.

Nat’l Solid Wastes Mgmt. Ass’n v. Stark-Tuscarawas-Wayne Joint Solid Waste Mgmt. Dist., No. 2009-Ohio-6765 (Ohio 2009).

The Director of Ohio EPA is not a necessary party to a suit regarding the legality of locally enacted solid-waste-management rules.

United States v. Lexington-Fayette Urban County Gov’t, No. 06-00386 (6th Cir. January 7, 2010).

A district court may not disapprove of a Clean Water Act settlement due to the fact that the settlement involves civil penalties rather than remedial action. 33 U.S.C. §1319(d) expressly permits civil penalties in these circumstances.

United States v. Bd. County Comm’rs Hamilton County, No. 1:02-cv-00107 (S.D. Ohio January 14, 2010).

The city of Loveland sought to secede from its municipal sewer district, which was the subject of a federal consent decree. Because Loveland was neither a party to the consent decree nor participated in the comment period, the court held that the theories of laches and equitable estoppel prevent secession. Lou McMahon and Andrea Salimbene represented the City of Cincinnati in this case.