An Arizona federal court has vacated the Trump Administration’s Navigable Waters Protection Rule (NWPR). In the case of Pasqua Yaqui Tribe v. EPA, No. CV-20-00266 , the Court ruled that the Trump Administration’s regulatory effort to define the scope of
Continue Reading Deja Vue All Over Again- No Certainty on Federal Regulation of Waters of the United States
Joseph Koncelik Blogs
Latest from Joseph Koncelik
Biden EPA Rescinds Trump Guidance on Clean Water Act “Functional Equivalent Test”
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
Continue Reading Biden EPA Rescinds Trump Guidance on Clean Water Act “Functional Equivalent Test”
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
Continue Reading Ohio Budget Adds $500 Million in Brownfield Funding on a First Come First Served Basis
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,
Continue Reading New ASTM Phase I Standard Under Development- What to Expect
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
Continue Reading Deja Vu All Over Again…Unwinding Trump ERA Regulations
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
Continue Reading Ohio’s Transformational Mixed-Use Development Tax Credit Nears Passage
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
Continue Reading States Scramble to Respond to Navigable Waters Protection Rule
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
Continue Reading New Ohio Law Reduces Cost and Time for Environmental Cleanups
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
Continue Reading Trump Administration’s Navigable Waters Protection Rule and Its Impact on Ohio
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
Continue Reading Supreme Court Adopts Major New “Functional Equivalent Test” for Discharges under Clean Water Act