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 in additional costs on businesses. However, what President Trump and many in the business community quickly learned is that it is much more difficult to undo regulations once they are on the books.  Perhaps the…

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 TMUD tax credit provides a 10% tax credit for documented development costs.  If the project is certified as eligible, the property owner can sell or transfer the rights to the tax credits to insurances companies. …

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 only when it rains or there is snow fall). However, even intermittent streams have less protection.  Under the NWPR intermittent streams must flow “continuously during certain times of the year…”  Therefore, not all intermittent streams…

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 does H.B. 168 address? The cost to clean up historical contamination at commercial/industrial properties has long been an impediment to reuse and redevelopment. This has been particularly true in Ohio where it is estimated there…

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 Water Act. The NWPR replaces the Obama Administration’s “Waters of the United States” (WOTUS) rule. By finalizing the NWPR, the Trump Administration has completed the regulatory process launched two years ago. The NWPR goes into…

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…