Yesterday, the Supreme Court issued a stay of the Obama Administration’s Clean Power Plan (CPP) after the lower Court had denied to grant such relief. Currently, the legal challenge to the validity of the rule is pending before the D.C. Circuit Court of Appeals. The Supreme Court had never previously issued a stay of a
State Poised to Accept Grant Applications for Gas Station Cleanups
This Fall the Ohio Development Services Agency (ODSA) announced program implementation details for the newly created $20 million dollar Abandoned Service Station Fund. ODSA sent out an announcement to contacts that it would likely begin accepting applications winter, however, to date the ODSA has yet to begin accepting applications. ODSA developed the program in conjunction
Court Finds Industrial Stormwater “Presumptively Dirty”
For a long period of time, U.S. EPA exempted stormwater from coverage under the Clean Water Act. This was largely due to the fact that EPA had enough on to do in simply regulating discharges from traditional point sources of water pollution. In 1987, Congress gave EPA the authority to regulate stormwater discharges from "presumptively
U.S. Supreme Court to Decide Whether Army Corps JDs Can be Challenged in Court
In prior posts, I have discussed the split in the federal circuit courts over whether Army Corps of Engineers (ACOE) Jurisdictional Determinations (JDs) can be challenged in Court. A JD is the ACOE formal determination as to whether streams and wetlands are federally protected under the Clean Water Act and whether a 404/401 permit is
Ohio Attorney General Releases Economic Development Manual
Attorney General Mike DeWine should be commended for putting together a comprehensive manual regarding legal issues, resources and incentives available to assist with economic development. The manual is called the 2015 Ohio Economic Development Manual.
The Attorney General collaborated with a number of state agencies and local economic development organizations in putting together
Oil & Gas Triggers Renewed Focus on Ohio Water Rights
Oil & gas development in Ohio has reinvigorated an area of law- water rights- that had laid mostly dormant for more than a century. The need for fresh water for fracking has resulted in large investments in water infrastructure and competition among companies to secure access to prime sources of fresh water.
According to the
Transactions- State EPA Had No Duty to Disclose to Buyer
In a novel case, the Court of Appeals (Second District Montgomery County) held that Ohio EPA had no duty to disclose knowledge of contamination to a buyer of a contaminated property, even though the Agency had records in its files documenting additional contamination. See, Ohio v. Republic Envrtl. Sys. (Ohio), Inc., 2015 WL 5783650 (Ohio
Highlights from 2015 ABA SEER Spring Meeting
The Clean Power Plan and Waters of the U.S. Rule have dominated much of the discussion at the ABA’s Spring Meeting of the Section of the Environment, Energy and Resources (SEER) in Chicago. SEER is a gathering of nations prominent environmental and energy attorneys from both the private sector and government.
Waters of the U.S.
Sixth Circuit Issues Stay of the Clean Water Rule
Today, the Sixth Circuit issued a stay of the Clean Water Rule in response to a challenge filed by eighteen states, including Ohio. The issuance of a stay represents a major set back to EPA in effort to better define the limits of federal jurisdiction under the Clean Water Act (CWA). Unlike the stay issued
Uncertainty in Valuing Contaminated Property Complicates Brownfield Redevelopment
A key issue in brownfield redevelopment relates to proper valuation of property that is contaminated. As discussed below, Ohio does recognize that contamination is a relevant factor that should be considered in determining a properties value. However, other than recognizing it is a relevant factor, Ohio has failed to develop a consistent and reasonable