On August 30, 2021, the U.S. District Court for the District of Arizona issued an Order vacating and remanding the Navigable Waters Protection Rule in the case of Pascua Yaqui Tribe v. U.S. Environmental Protection Agency. Following the Court’s Order,
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Ohio EPA’s proposed changes to biocriteria rules could affect point source dischargers.
By Nat Morse
Facilities with a permitted outfall that discharges into a waterbody with water quality attainment challenges could be impacted by a recently proposed rule from Ohio EPA (OEPA). OEPA is proposing to revise the existing biocriteria rules by making it easier…
Public Comment Period Opens as Ohio EPA Issues Draft Revisions to Reasonably Available Control Technology (“RACT”) Requirements for Control of VOC and NOx Emissions
By Ryan Elliott
Ohio EPA has proposed rules that will require additional Volatile Organic Compound (VOC) and Nitrogen Oxide (NOx) emission controls for certain manufacturing and industrial operations located in the Cincinnati and Cleveland 2015 ozone nonattainment areas. On May 17, 2021, Ohio…
UPDATE: Ohio Waives Clean Water Act 401 Certification for 16 Nationwide Permits
By Ryan Elliott
The U.S. Army Corps of Engineers recently determined that Ohio waived its right to issue a water quality certification (WQC) under section 401 of the Clean Water Act (CWA) for the 16 new Nationwide Permits (NWPs) that went into effect…
Ohio Court of Appeals Addresses Adverse Possession of Minerals Among Co-Tenants
By Jay Carr
The 7th District Court of Appeals in Ohio recently addressed what elements a co-tenant must satisfy to adversely possess a severed oil and gas interest against his co-tenants. See, Tomechko v. Garrett, 2021-Ohio-1377. In Tomechko, the appellants were the…
Supreme Court of Ohio Further Clarifies Exception Under the Marketable Title Act in Erickson v. Morrison
By Mark Hylton
On March 16, 2021, the Supreme Court of Ohio expanded upon its prior decision in Blackstone v. Moore, 2018-Ohio-4959, holding that a reference in a deed that described a previously severed mineral interest, but without identifying the name of the…
Ohio EPA Division of Air Pollution Control hosts Program Advisory Group Meeting
By Ryan Elliott
On January 20, 2021, the Ohio EPA’s Division of Air Pollution Control (DAPC) hosted a “Program Advisory Group” (PAG) meeting via Microsoft Teams to inform interested stakeholders of recent and upcoming DAPC activities. The topics discussed during the PAG meeting…
D.C Circuit Court of Appeals Vacates Affordable Clean Energy Rule
By Ryan Elliott
On January 19, 2021, the United States Court of Appeals for the D. C. Circuit issued an Order vacating U.S. EPA’s 2019 Affordable Clean Energy Rule (ACE Rule). The 2019 ACE Rule replaced the 2015 Clean Power Plan as a…
Supreme Court of Ohio Addresses Due Diligence Under the Dormant Mineral Act
By Mark Hylton
On December 17, 2020, the Supreme Court of Ohio addressed the surface owner’s due diligence obligations under the 2006 version of the Ohio Dormant Mineral Act. See Gerrity v. Chervenak, Slip Opinion No. 2020-Ohio-6705. Read more about that decision in…
Supreme Court of Ohio Rules on Applicability of Ohio Marketable Title Act to Severed Mineral Interests
By Mark Hylton
On December 2, 2020, the Supreme Court of Ohio held that the Ohio Marketable Title Act applies to severed mineral interests despite the enactment of the Ohio Dormant Mineral Act. See West v. Bode, 2020-Ohio-5473. Read more about that decision in…