On January 22, 2018, U.S. EPA’s Assistant Administrator issued a memorandum to all U.S. EPA Regional Administrators that contained interim guidance on enforcement of environmental violations by State EPAs and the federal EPA. The interim guidance is a significant shift
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 6
New Rule Delays Implementation of the 2015 WOTUS Rule
On January 22, 2018, the Supreme Court ruled in National Assoc. of Manufacturers v. Department of Defense that federal district courts have original jurisdiction to hear challenges to the 2015 Obama Administration Waters of the U.S. (WOTUS) rule which defined…
Regulatory Reform- Elimination of the “Once In Always In” Policy
President Trump’s efforts at regulatory reform continued with the announcement on January 15, 2018 that the U.S. EPA would withdraw its “once in, always in” policy for classification of Major Sources of hazardous air pollutants (HAPs) under section 112 of…
Supreme Court Ruling Creates Even More Uncertainty on Waters of the U.S.
This week the U.S. Supreme Court ruled in Nat’l Ass’n of Mfrs. v. Dep’t of Def., No. 16-299 that district courts have jurisdiction to hear challenges to any rule that attempts to define “Waters of the United States” for purposes…
Jobs Sprawl and Brownfields
A very interesting article appeared in Crain’s Cleveland Business by Jay Miller discussing “jobs sprawl” and the lack of easy access to jobs.
Brad Whitehead, president of the Fund, points to a study by the Center for Neighborhood Technologies, a…
Ohio EPA Responds to Concerns Regarding the VAP and the Agency’s Response to TCE
[SPECIAL BLOG POST: Ohio EPA asked to publish a guest post on the Ohio Environmental Law Blog regarding recent developments pertaining to the Agency’s response to sites with trichloroethene (TCE) and the Voluntary Action Program (VAP). The Ohio EPA response is…
Unwind of WOTUS Gets Us Back to the Beginning
The Trump Administration has promised massive deregulation, in particular reductions in environmental regulations. A major target of the Trump Administration’s deregulation agenda is the Obama Administration’s Waters of the U.S. Rule (WOTUS) which defines which wetlands and streams are federally…
Has Ohio Undermined Its Voluntary Cleanup Program?
As discussed in my prior post, in September Ohio EPA announced that it would be sending “hundreds of letters” to property owners that have trichloroethylene (TCE) contamination, including property owners that cleaned up their property under the Voluntary Action Program…
State EPA Federal Permitting and Preemption by FERC
According to a Forbes article in 2016, the Federal Energy Regulatory Commission (FERC) approved almost 40 major pipeline projects across the country, covering 1,200 miles, over 14 Bcf/d of new capacity (total national consumption is around 75 Bcf/d), and over…
Ohio EPA to Issue Letters Regarding TCE to Property Owners
At a recent meeting of brownfield cleanup professionals, Ohio EPA announced plans to issue letters to owners of property contaminated with TCE. Ohio EPA says it reviewed thousands of sites and will be issuing letters to “hundreds” of sites where…