In 2019, the U.S. Supreme Court’s decision in County of Maui V. Hawaii Wildlife Fund addressed when a permit is required under the Clean Water Act for discharges to groundwater. Prior to Maui, it was a long standing debate as to when the Clean Water Act (CWA) in order to discharge to groundwater. Traditionally,
Ohio Budget Adds $500 Million in Brownfield Funding on a First Come First Served Basis
Since the sunset of the Clean Ohio Program in 2013, there has been a strong push for dedicated funding to address brownfield sites in Ohio. The Ohio 2022-2023 budget just signed by Governor DeWine comes through in a very big way by allocating $500 million in new funding under various programs. The budget allocates $350
New ASTM Phase I Standard Under Development- What to Expect
ASTM International publishes the accepted standard for performance of Phase I environmental assessments to evaluate a property’s environmental condition and assess potential liability for any contamination. U.S. EPA’s “All Appropriate Inquiries” Rule (AAI) recognizes the current ASTM Phase I standard, ASTM 1527-13, is consistent with the requirements of AAI and can be used to satisfy
Deja Vu All Over Again…Unwinding Trump ERA Regulations
Remember four years ago when newly elected President Trump promised to dramatically reduce Obama-era environmental regulations? President Trump vowed to eliminate two existing regulations for every newly adopted regulation. The Trump Administration argued that Obama era regulations added $1 trillion in additional costs on businesses.
However, what President Trump and many in the business community
Ohio’s Transformational Mixed-Use Development Tax Credit Nears Passage
After taking three years to wind its way through the Ohio General Assembly, Senate Bill 39 may pass out of the Legislature by the end of the year. The Bill would create a “Transformational Mixed-Use Development” (TMUD) tax credit. The TMUD tax credit provides a 10% tax credit for documented development costs. If the project
States Scramble to Respond to Navigable Waters Protection Rule
The Trump Administration’s Navigable Waters Protection Rule (NWPR) went into effect on June 21, 2020. The NWPR greatly reduces federal jurisdiction over both streams and wetlands. Most significantly has been the impact to ephemeral streams (i.e. streams that have water only when it rains or there is snow fall).
However, even intermittent streams have less
New Ohio Law Reduces Cost and Time for Environmental Cleanups
On June 16, 2020, Ohio Governor Mike DeWine signed House Bill 168, which provides greater flexibility to manage environmental issues on commercial/industrial property. The bill will take effect on September 14, 2020 (90 days after the governor’s signature).
What issue does H.B. 168 address?
The cost to clean up historical contamination at commercial/industrial properties has
Trump Administration’s Navigable Waters Protection Rule and Its Impact on Ohio
What action was taken to define the scope of federal jurisdiction?
On January 23, 2020, the Trump Administration released the final version of the Navigable Waters Protection Rule (NWPR), which defines which waters and wetlands are protected under the Clean Water Act. The NWPR replaces the Obama Administration’s “Waters of the United States” (WOTUS) rule.
Supreme Court Adopts Major New “Functional Equivalent Test” for Discharges under Clean Water Act
On April 23rd, the U.S. Supreme Court issued a major ruling interpreting the breadth and scope of the Clean Water Act in County of Maui v. Hawaii Wildlife Fund. The central issue was whether the Clean Water Act requires a permit when pollutants originate from a point source but are conveyed to navigable waters by
Federal, Ohio, and State Developments on PFAS Regulation