The D.C. Circuit Court of appeals issued a major rebuke to those who believe climate change is no longer relevant in environmental reviews. In Sierra Club v. FERC, No. 16-1329 (D.C. Cir. Aug. 22, 2017), the Court agreed with environmental groups, including the Sierra Club, that the Federal Energy Regulatory Commission (FERC) failed to adequately analyze
Superfund Reform- What Can We Expect?
.png)
While the Trump Administrations primary environmental agenda has been focused on deregulation, one area EPA Administrator Scott Pruitt has prioritized is Superfund (i.e. CERCLA). Superfund is meant to investigate and cleanup the dirtiest sites in the country. However, its long and complicated investigation, remedy selection and cleanup implementation processes have slowed cleanups to a crawl.
Budget Bill Fix to VAP Automatic Tax Exemption
This blog has previously detailed some of the ambiguity of the Voluntary Action Program ten year automatic tax abatement provisions set forth in Revised Code 5709.87. (See prior posts here and here). Three primary issues caused significant problems for developers attempting to leverage the VAP automatic tax abatement:
- How to value the abatement- The
U.S. EPA Delays Ozone Designations and Demonstrates Change In Priorities
.jpg)
On June 6, 2017, EPA Administrator Scott Pruitt notified states that U.S. EPA was extending by one year the deadline for designating those areas in non-compliance with the 2015 ozone standard. The 2015 ozone standard is 70 parts per billion (ppb), which is lower than the prior ozone standard of 75 ppb established in 2008.
Surge in Environmental Citizen Suits Anticipated under Trump Administration
The Trump Administration has made rollback of environmental regulations a top priority. Through the use of Executive Orders and the Congressional Review Act(CRA), the Administration has already undone significant Obama era regulations, including the Waters of the U.S. Rule (WOTUS) and the Clean Power Plan.
The Trump Administration has also proposed significant budget cuts to
Ohio Senators Oppose Closing Midwest Regional Office of U.S. EPA
In the past several months, the Trump Administration has targeted U.S. EPA for major regulatory reform, massive budget cuts and a roll-back of Obama era regulations. No Administration since the enactment of the landmark environmental statutes has gone as as far as the Trump Administration in attempting to change the landscape of environmental regulation.
After
JobsOhio Launches Site Selection Search Database
JobsOhio launched a new site selection tool called SiteOhio designed to provide easy access to businesses looking for locations to either develop new facilities or buy/lease existing buildings. The easy to use web based tool allows you to search by the following parameters:
- Available buildings of a certain size
- Vacant land based on acreage
- Businesses
Slow Pace of Appointments and Restrictions on Decision Making at EPA
The Trump Administration has been slow to announce appointments to key positions within U.S. EPA. Administrator Scott Pruitt is in many ways is operating on a island within the Agency. As reported in the New York Times, the Administration has not nominated any of the dozen key EPA senior positions:
At the Environmental Protection
Ohio EPA Limits Use of Expedited Wetland/Stream Permitting to Certain Areas of the State
Developments that have small impacts to wetlands (typically around 1/2 acre or less) or streams (typically around 300 feet or less) have been able to qualify for expedited permitting known as Nationwide Permits (NWP). Projects with greater impacts must obtain individual wetland or stream permits known as a 404 Army Corps Permit and 401 Ohio
Federal EPA Budget Doesn’t Reflect Stated Priorities
.jpg)
This week, President Trump released his Administration’s first federal budget dubbed the "America First- A Blueprint to Make America Great Again." Under the budget proposal, U.S. EPA current budget would be cut by 31% which amounts to a $2.6 billion dollar reduction.
This leaves the Agency with $5.7 billion to run its