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 a non-point source (in this case groundwater).  The Court ruled that a permit is required when such a discharge…

Polyfluoroalkyl substances (PFAS)- used in non-stick applications such as cookware, paper packaging, and textiles, as well as in certain types of firefighting foam- have become the new asbestos, and  PFAS litigation has been filed in multiple states.  Both the federal government and state governments have been moving forward with significant new regulation of the PFAS compounds.  Summarized below are actions taken at both the federal and state levels to regulate PFAS substances. Federal Regulation of…

The Council on Environmental Quality has proposed a new rule which would streamline the National Environmental Policy Act (NEPA) which is the federal law that requires review of the environmental impacts from federal projects or projects that receive federal funding.  NEPA has been called by its critics as an unnecessarily long paperwork exercise that delays projects. The Trump Administration responding to criticism from industry has proposed the most significant overhaul to the process in its…

What action was taken? On January 23rd, the Trump Administration released the final version of the rule which defines which waters are protected under the Clean Water Act.  The new rule is called the Navigable Waters Protection.  It replaces the prior Obama Administration rule referred to as WOTUS- “Waters of the United States.” Back on February 28, 2017, President Trump signed an Executive Order titled “Restoring the Rule of Law, Federalism, and Economic Growth by…

The Greater Ohio Policy Center (GOPC) has been calling attention to Ohio’s so-called “legacy cities.”  These are the smaller to mid-sized cities across the state other than Cleveland, Columbus, Cincinnati, Toledo, Akron, Canton and Youngstown.  Cities like Portsmouth, Mansfield, and Lorain. A recent Dispatch editorial called attention to GOPC’s efforts regarding Ohio’s legacy cities citing to a recent GOPC report.  Once fact highlighted in the report shows that, despite the nation’s booming economy, legacy cities…

On Friday, the Legislative Service Commission hosted a seminar discussing Ohio’s efforts to solve harmful algae blooms in its waterways including Lake Erie.  The seminar brought together researchers, government officials and business groups to discuss the science and solutions for addressing algae blooms. The biggest takeaways from the seminar is that Ohio has a  very good understanding of the causes of harmful algae blooms.  Here is a quick summary of the causes of the large…

Many businesses or developers are intimidated about purchasing property former industrial or commercial property that may be contaminated.  The fear of the unknown can be the biggest deterrent to considering properties that may be contaminated.  Common concerns include:   Could I be buying a potential mess, which could cost me six to seven figures to cleanup? Could I be risking being liable to neighboring property owners if contamination is migrating off-property? I don’t like spending…