The MD Ohio Environmental
Update
Edited
by Sarah J. Staley
Environmental
l Toxic Tort l
Litigation
September 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:
United States
v. Loveland, No.10-3116
(6th Cir. Sept. 15, 2010).
Loveland
is barred by the doctrines of laches and equitable estoppel from
challenging the effects of a Clean Water Act consent decree. McMahon DeGulis attorney Louis
McMahon represented the City of Cincinnati in the case.
In re Whirlpool
Corp. Front-Loading Washer Products Liability Litigation, No.
1:08-WP-65000 (N.D. Ohio Sept. 15, 2010).
Court
refused to dismiss plaintiffs’ fraud claim regarding the marketing of
washers as “ENERGY STAR” and “High Efficiency.”
State Court Cases:
The
Court upheld an ERAC ruling permitting the expansion of a C&D facility
to within 1000 feet of a private well despite the local Board of Health’s
decision to deny the expansion.
The Court’s holding is based upon ERAC’s interpretation of the
rules governing C & D facilities and the lack of scientific data
supporting the Board of Health’s decision.
The
Court affirmed the decision of the trial court regarding ODNR’s issuance
of a drilling permit near the Cuyahoga River. In its holding, the Court noted
that the statutory framework governing the issuance of drilling permits
only requires the minimization of drilling risks, not the complete
elimination of such risks.
Swallie v. Rousenberg, No. 09-MO-2 (7th
Dist. Ohio Sept. 23, 2010).
The
7th District held that the oil and gas rights of a property remained with
the assignee of those rights regardless of the fact that the property
thereafter changed ownership.
Statutory and Regulatory Changes:
Ohio EPA proposes new groundwater
rule aimed at increasing protection against
contaminants.
The
new rule adopts federal standards.
Policy Initiatives:
US EPA issues new funding for brownfield assessment and job
training grants.
Proposals
are due October 15, 2010.
Ohio EPA makes draft Ground Water Rule Guidance available for
comment.
The
guidance aims to help reduce the number of triggered source water
monitoring sample required.
Comments are due October 11, 2010.
The
grants are available to communities, local governments, non-profit
organizations, state agencies, planning commissions and educational
institutions. Applications
are due Friday, November 19, 2010.
The State of Ohio is currently
accepting applications for funding of biofuel
projects.
Grant
proposals are due Friday, October 22, 2010, and the State will host a
conference for interested parities on Wednesday, October 6, 2010.
News:
Ohio EPA orders the Village of
Camden to obtain a new drinking water
source.
Residents
complained of a salty taste to the water, and each of the Village’s three
wells exceeded chloride standards.
Director of the Ohio Department of
Natural Resource issues warning regarding drilling
leases.
As
drilling in Eastern Ohio becomes more popular (a result of the recent
interest in the Marcellus Shale formation), the Director urges property
owners to do their research before signing a lease.
Cleveland
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Building
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Road-Suite 650
Cleveland, OH
44115
p
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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.