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The U.S. Supreme Court issued two landmark decisions, Rapanos and SWANCC, which interpret the extent of federal jurisdiction under the Clean Water Act. Since these decisions were issued the Army Corps of Engineers as well as Courts have had difficulty applying the tests for determining federal jurisdiction in a consistent and coherent manner.
The Army Corps
The U.S. Chamber commissioned a study of the economic impact of project that have been delayed or canceled as a result of federal and state permitting processes. As described by the U.S. Chamber on its website:
This study estimates the potential loss in economic value of 351 proposed solar, wind, wave, bio-fuel, coal, gas, nuclear
You don’t often get State court decisions on environmental law, especially on air permitting issues. Recently, the 10th Appellate Court in Columbus issued a decision that has at least a few major implications for businesses in Ohio. State of Ohio ex rel Ohio Atty. Gen. v. The Shelly Holding Co, et. al.,
There is a good summary of
This week U.S. EPA finalized its long awaited rule making establishing air emission standards for industrial and commercial boilers. The standards are to reduce emissions of hazardous air pollutants (HAPs) by requiring sources to install or meet of Maximum Achievable Control Technology (MACT).
Controversial Rulemaking Process Comes to an End
EPA proposed MACT standards in spring of 2010 which were
The Clean Ohio program has released a new interactive tool called the"Project Location and Information Map" which provides an interesting overview of brownfield and greenfield projects that have received grant funding under the program.
You can search by type of grant funds for all projects across Ohio. You can also search by specific county and see all
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Rumors had been swirling that there would possibly be a merger between Ohio EPA and the Ohio Department of Natural Resources (ODNR) in an effort to consolidate programs and reduce staff. Such a proposal was debated in the prior Ohio Legislature as part of larger plan to reduce the total number of State Agencies. Its possible that
LexisNexis Environmental Law & Climate Change Community is honoring a select group of blogs that set the online standard for our practice area. I’m pleased to notify you that Ohio Environmenal Law Blog is one of the nominated candidates for the LexisNexis Top 50 Environmental Law & Climate Change Blogs for 2011. http://www.lexisnexis.com/COMMUNITY/ENVIRONMENTAL-CLIMATECHANGELAW/blogs/topblogs/archive/2011/01/24/LexisNexis-Top-50-Blogs-for-Environmental-Law-_2600_-Climate-Change-2011-Nominations.aspx.
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The Governor’s top legislative priority is the privatization of the State’s economic development functions. House Bill 1, known as "JobsOhio", has been introduced and a vote in the Senate may come yet this week.
The Ohio Department of Development (ODOD) plays a critical role in the administration of the Clean Ohio program which provides millions in
I’m taking a break from the typical focus of my posts to address an article that just makes me crazy. Forbes has come out with its annual "Most Miserable City List." Last year Forbes ranked Cleveland No.1 and this year it dropped to No.10. This is how Forbes described this year’s Cleveland ranking:
Last year’s most miserable
The AP is reporting that the Republican controlled House is expected to introduce legislation shortly that will strip all authority from U.S. EPA to regulate greenhouse gases (GHGs) under its existing authority in the Clean Air Act. This would specifically target the EPA’s endangerment finding and could possibly go as far as saying GHGs are not