The MD Ohio Environmental Update     Edited by Sarah J. Staley Environmental l  Toxic Tort l  Litigation August 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 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: Ford Motor v. Michigan Consol. Gas, 08-cv-13503-DT (E.D. Mich. Aug. 27, 2010). Defendant’s counterclaim for cost recovery under CERCLA is dismissed for failing to properly allege “necessary costs” in the counterclaim.  State Court Cases: Morgan v. Silver Lake, 2010-Ohio-3581 (Ohio 9th Dist. August 4, 2010). Court affirms judgment classifying Plaintiff’s well as an auxiliary water system and upholding Village Director’s order to install a backflow prevention device.  Stamper v. Richmond Heights, 2010-Ohio-3884 (Ohio 8th Dist. August 16, 2010) Plaintiff failed to establish that storm water flooding on Plaintiff’s property constituted a taking because a City has no duty to maintain or repair a private storm water sewer system on private property that it did not construct, did not appropriate or accept and was not part of a regularly running public watercourse.  Ohio Attorney General gives opinion that a local board of health has authority to require that a household sewage disposal system be directly connected to a sanitary sewage system when that system is accessible to the property. This issue was brought to the Attorney General by Brown County.  Statutory and Regulatory Changes: US EPA proposes to change chemical reporting requirements under the Inventory Update Reporting Rule. Included in the changes are a requirement to submit information electronically for quicker public access and a limitation on the information that can be deemed confidential. US EPA to regulate dyes, flame retardants, and industrial detergents. EPA plans to address these widely used chemicals under the Toxic Substances Control Act.  Ohio EPA now accepting comments on rule changes that accommodate federal greenhouse gas rules. Comments due August 13, 2010. Policy Initiatives: US EPA proposes new grading system for evaluating vehicle fuel economy. The goal of this new system is to better inform consumers. Federal Task Force sends recommendations to President Obama regarding Clean Coal Technology The recommendations address Carbon Capture and Storage.  Ohio DNR now accepting comments on its plan for the Coastal Zone Enhancement Grants Program. The plan sets forth the Department’s assessment and strategy for 2011-2015.  Comments are due September 17, 2010.  Ohio EPA issues guidance on standards for area sources.  The newly issued guidance clarifies the various MACT/GACT rules. Ohio EPA revises its  draft general NPDES permit for non-contact cooling water discharges.  Comments on the draft are due September 30, 2010.    To unsubscribe from our Update, please email us at envlaw@mdllp.net.

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