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Back in June, the Supreme Court agreed to hear the case of Sackett v. EPA which could forever change the way EPA enforcement actions are defended. While the case involves an EPA administrative enforcement order for unauthorized filling of a wetland, the ruling potentially impacts EPA enforcement under all its major statutes- RCRA (hazardous waste), Clean Air
New BUSTR Classification for Underground Storage Tanks Meant to Accelerate Clean Ups
One of the issues that can complicate a clean up is if multiple environmental regulatory programs apply to the site. Even the same type of contamination may be required to be addressed under different programs and different processes.
A prime example of this issue in Ohio is the disconnect between Ohio’s Voluntary Action Program (VAP)
Kasich Administration Releases Plan for Reorganization of the Ohio Department of Development
One of Governor Kasich’s top priorities is to restructure the Ohio Department of Development shifting some of its core functions to the private sector. The General Assembly passed the JohsOhio Bill which launched an evaluation of the current Department.
The bill allowed for the creation of a non-profit corporation which would assume some of the
What the Debt Deal Means for EPA….Staff Cuts and Lawsuits
It is no secret that EPA and its wave of recent and forthcoming regulations have stirred up much angst among Republicans in Congress. Many industry groups argue that EPA’s rulemaking, especially its anticipated announcement of a much stricter ozone standard, will have a devastating impact on our fragile economy.
While plenty of bills have been floated since
Ohio Debates Purpose and Scope of Great Lakes Compact
Competing bills have been introduced to the Ohio Legislature which are designed to implement the Great Lakes Compact. The Compact was passed by the other States that border the Great Lakes. Its fundamental purpose was to establish a new regulatory structure over water withdraws from the Great Lakes.
In 2008, Ohio passed H.B. 416, by which Ohio officially
EPA’s Self- Assessment of Regulatory Improvements Misses a Golden Opportunity
Back on January 18th President Obama issued Executive Order 13563 requiring federal agencies to consider the impacts of new regulations and to perform a self assessment of existing regulations. For existing regulations, the President requested the agencies perform an analysis to determine whether rules are "outmoded, ineffective, insufficient, or excessively burdensome."
After performing self-examinations, each
Ohio EPA Budget Testimony Sheds Light on New Initiatives
On April 5th, Ohio EPA Director Nally testified on the Agency’s proposed budget before the House Finance and Appropriations – Agriculture and Natural Resources Subcommittee. According to the Director’s Testimony, Ohio EPA is not asking for any fee increases. Ohio EPA’s proposed budget calls for a reduction of 11.8% for fiscal year 2012 and 13.8%
Budget and Collective Bargaining Bill Impact Ohio EPA
As reported in the Columbus Dispatch, Ohio EPA has experienced a drop in revenue attributable to reduced fees collected associated with its various programs due to the recession. Governor Kasich has not proposed any fee increases to restore the loss in funding.
Fee increases are seen as additional direct taxes on business which runs counter to
Economic Impact of Permitting Energy Projects
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
Reorganization of Ohio EPA Underway
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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