When does placing fill in a wetland or disturbing a stream for construction require a federal permit? Seems like this should evoke a pretty straightforward answer. However, for more than a decade the extent of federal permitting regulations has been unclear. Now EPA and the Army Corps of Engineers (ACOE) are attempting, once again, to
Ohio EPA Wants to Take Over Wetland and Stream Permitting from the Army Corps of Engineers
Another aspect of Governor Kasich’s controversial proposed legislation- Senate Bill 315- is to provide the legislative authority for Ohio EPA to take over Section 404 Clean Water Act permitting from the Army Corps of Engineers. Section 404 permits are needed prior to impacts to streams or wetlands within federal jurisdiction.
The bill itself doesn’t really do
U.S. Supreme Court Unanimously Tells EPA its Orders Can be Reviewed
On March 20, 2012, the U.S. Supreme Court handed down the much anticipated decision in Sackett v. EPA. The Court rejected U.S. EPA’s claims that its administrative enforcement orders were not subject to pre-enforcement review. The Court’s decision provides a new tool to challenge EPA administrative compliance orders.
Synopsis of the Case
The Clean Water
Ohio EPA Reform Bill Introduced
Last week Senator Schaffer introduced Senate Bill 294– dubbed the EPA reform bill. According to testimony from Senator Schaffer and OEPA Director Scott Nally, the two had been working on the legislation for months.
This bill is the probably the first since Ohio EPA creation that touches on so many different areas of
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%
Bay Village Debates Riparian Setback Ordinance
Bay Village has been debating establishing a riparian setback for the last few years. The proposal which began with a 75 foot setback has now been scaled down to 25 feet. Yet the ordinance is still controversial and City Council decided to delay its vote enacting the provision.
The debate before Council was covered in
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
Army Corps/EPA Issue New Post-Rapanos Guidance on Federal Jurisdiction Over Streams and Wetlands
After the Supreme Court issued its decision in Rapanos, a lack of clarity persists as to how to determine whether a waterway or wetland is federally protected under the Clean Water Act. This of course pretty critical in deciding which types of permits you may need to impact a stream or wetland.
On December
Ohio EPA’s Overhaul of Water Regulations
This fall Ohio EPA Division of Surface Water (DSW) has been releasing a series of intertwined rule packages that govern streams and discharges to waterways. Some business groups have said that the packages represent the most significant overhaul of water regulations in thirty years.
To date, 3 out of 4 packages have been released:
Controversial Ohio EPA Rule Proposes New Permit For Impacts To All Streams
On September 12, 2008, Ohio EPA issued proposed rules that would require a new permit, called a "state water quality permit", for all dredge or fill impacts to non-federally regulated streams. Ohio may be the first state in the country to try and expand state stream permit requirements in reaction to recent U.S. Supreme