The MD Ohio Environmental
Update
Edited
by Sarah J. Staley
Environmental
l Toxic Tort l
Litigation
June 2010
To Our Clients and Friends,
McMahon DeGulis LLP is pleased to bring you our monthly
Ohio Environmental Update.
This Update features important state and federal cases, statutory
and regulatory changes, and policy initiatives affecting environmental law
in Ohio. New links will be
posted throughout the month on our related blog. Please visit our blog in its new
location at www.mdllp.blogspot.com.
We hope you find the Update interesting and helpful, and we would be grateful for any feedback you might have. Thank you.
Federal Court Cases:
Stop
the Beach Renourishment v. Florida Dept. of Envtl. Prot.,
No. 08-1151 (June 17, 2010).
Florida’s decision to restore eroded
beach by filling in submerged land did not constitute an unconstitutional
taking of littoral property owners’ rights.
Monsanto
v. Geertson Seed Farms,
No. 09-475 (June 21, 2010).
Under NEPA, where an agency proposal
requires an EIS, regulations may permit some action in furtherance of that
proposal while the EIS is prepared.
State Cases:
Banford v. Aldrich Chem.
Co., 2010-Ohio-2470
(Ohio June 9, 2010).
In a nuisance claim, in order to recover
damages for annoyance and discomfort, plaintiff must present evidence of
physical discomfort.
Boley v. Goodyear Tire & Rubber
Co., 2010-Ohio-2550
(Ohio June 10, 2010).
The Court held that O.R.C. 2307.941(A)
bars tort liability against a premises owner for asbestos exposure
originating from asbestos on the owner’s property where the exposure
occurred off the owner’s property. This will affect secondary
exposure asbestos cases filed after the enactment of O.R.C.
2307.941(A).
Penn. Gen. Ins. Co. v. Park-Ohio
Indus.,
2010-Ohio-2745 (Ohio June 22, 2010).
In a case regarding the allotment of
insurance liability, the Court affirmed all-sums allocation, and further
held that a failure to notify a non-targeted insurer of a pending claim
does not make that insurer’s policy inaccessible for
contribution.
Statutory and Regulatory
Changes:
Governor Strickland signs law aimed
at drawing more green energy to Ohio.
The new law eliminates the tangible
personal property tax and real tax on energy generation in advanced energy
projects in Ohio.
US EPA proposes to update the
Drinking Water Rule to better protect public
health.
The revisions would require vulnerable public water systems
to identify and fix problems.
Comments now due August 3,
2010.
US EPA proposes new permit
requirements for pesticide discharge.
The proposed rule stemmed from a decision of the
6th Circuit ruling that pesticide discharges are pollutants,
thus requiring a permit. (Nat’l Cotton Council v. EPA, No. 06-4630
(6th Cir. Jan. 7, 2009).)
US EPA publishes proposed rule
regarding coal combustion residuals.
EPA proposes to either classify coal combustion under
subtitle C or subtitle D of RCRA.
Comments due September 20, 2010.
Policy Initiatives:
US EPA sends letter to Congress to
support reinstatement of Superfund “polluter pays”
taxes.
The reinstatement would tax
manufacturers and sellers of substances that typically cause environmental
problems in order to pay for the cost of cleanup at Superfund sites. Currently, the Superfund program
draws from the General Revenue to support cleanup efforts.
Ohio EPA issues Draft 2010 Water
Pollution Control Loan Fund Program Management
Plan.
The new plan would expand the types of
financial assistance available for water quality improvement
projects.
Ohio EPA issues new guidance
regarding indoor vapor intrusions.
The new guidance should help with collection and evaluation
of indoor air for those undertaking remedial
response.
Cleveland
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Building
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Road-Suite 650
Cleveland, OH
44115
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McMahon DeGulis's Update is published to provide information to our clients and friends. Information in this news brief should not be used as a substitute for specific legal advice. Readers are encouraged to seek professional advice.