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
Ohio Environmental Law Blog
Insight & Commentary for the Business and Legal Community
The Ohio Environmental Law Blog, published by attorney Joseph Koncelik of Tucker Ellis LLP, focuses on environmental law issues in Ohio, including regulatory developments, brownfield redevelopment, wetland delineation, and state and federal environmental programs. The blog covers topics such as climate change, renewable energy, hazardous waste management, water pollution, and sustainability initiatives. It provides updates on state grant programs, EPA regulatory proposals, and legal interpretations affecting environmental compliance and land use in Ohio. The blog also discusses practical implications of environmental laws for businesses and developers, including permitting and remediation processes.
Latest from Ohio Environmental Law Blog - Page 3
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…
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, …
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…
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…
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…
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…
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…
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…
Federal, Ohio, and State Developments on PFAS Regulation
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
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