I have been on all sides of the fence relative to environmental enforcement actions. I have represented the State, managed Ohio EPA enforcement program and now I represent companies who find themselves the subject of enforcement. These experiences have given me valuable insight into what things to do and not to do when dealing with compliance oversight.
When speaking
I was interviewed for a good story appearing in Law360 (subscription or free trial required) about environmental insurance coverage for businesses. The emphasis of the story were recent lawsuits where businesses were denied coverage under for environmental claims even though the companies thought they had purchased coverage. As reported in the story:
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While the credit crisis has cooled of the commercial and industrial real estate market, transactions continue to occur at a slower pace. Allocation of risk and liability for environmental contamination is an important consideration in transactions that involve properties in which manufacturing, transportation or other commercial businesses operated.
In allocating responsibility for environmental clean up
Businesses are increasingly trying to market their products as “green.” Common eco-friendly labels or claims can be found on many products, including labels like “recycled content”, “biodegradable”, and “safe for the environment.” Before making any such claims, businesses should be able to substantiate their claims or risk legal action.
How frequent are false or misleading
During Governor Strickland’s State of the State he made the "no new taxes" pledge. However, the Governor did mention that to balance the budget he will propose "new fees, fines and penalties." No specifics were provided, however, now that details are beginning to take shape the Governor Strickland has been criticized for his roll out of
I am attending the 12th annual EUEC (Energy and Environment Conference) in Phoenix for the early part of this week. I guess they had to move the conference from previous venues to the Phoenix Convention Center to accommodate the large number of registrants. There are over 450 different speakers and presentations.
My observations from the
Today, EPA Administrator-designate Lisa P. Jackson distributed a memo to all employees of EPA. The memo outlines her and President Obama’s philosophy of environmental protection. The memo is an interesting demarcation of the major changes that are coming in the realm of environmental protection.
Some priorities Ms. Jackson is very upfront about, such as
Senator Tom Niehaus has introduced S.B. 372 bill to extend the effectiveness of Ohio’s Environmental Audit Privilege law for another five years. The law is set to expire on January 1, 2009. It was a hard fought battle for businesses to get the Audit Privilege law on the books in the late 90’s. While the law was watered
Federal hazardous waste regulations (RCRA) have long been referred to as management from "cradle to grave." In order meet this management principle, the regulations require detailed paper work and reporting from both small and large businesses.
Failure to maintain the proper paper work can result in significant penalties or even change your regulatory status which will have even
PTIO Program is Launched- Effective June 30, 2008 Ohio EPA finalized this new permit program which combines the Permit to Install (PTI) and Permit to Operate (PTO) into a single permit for non-Title V facilities. Facilities will no longer have to apply for a separate PTO. This program is intended to deal with Ohio EPA’s backlog