Ohio Environmental Update Edited by Sarah J. Staley Environmental l  Toxic Tort l  Litigation December 2009     To Our Clients and Friends,   McMahon DeGulis 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.ohioenvironmentalupdate.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: Baker v. Chevron, No. 1:05-CV-227 (S.D. Ohio November 4, 2009). In a case involving ground water contamination, the court held that a landowner only owns as much space below him as he uses, and because plaintiffs did not use the contaminated sub-surface land, the court found no damages.   Statutory and Regulatory Changes: Ohio Legislature moves forward with transferring  water permitting authority for concentrated animal feeding facilities from Ohio EPA to the Ohio Department of Agriculture.  House Bill 363 has been sent to the Governor.  Ohio EPA seeks input on the current solid waste landfill program.  Comments due December 31, 2009. Great Lakes Regional Collaboration issues draft Mercury Emission Reduction Strategy. The strategy is available for public comment through January 12, 2010. US EPA publishes new guidelines to control the discharge of pollutants from construction sites.  The rule affects erosion and sediment control measures, sampling of stormwater discharges, and pollution prevention practices. Policy Initiatives: Ohio EPA issues new voluntary action program policy. The new policy affects the duties of a volunteer regarding a no further action letter.  Ohio EPA announces new Surface Water Improvement Grants Program. The new program aims to improve Ohio’s rivers, streams, and communities.  Certain stipulations apply to projects in Cuyahoga County.  Deadline for submitting grant applications is February 15, 2010.   US EPA requests project proposals for restoring the Great Lakes. Grants are funded through the Great Lakes Restoration Initiative and are due by noon Central standard time on January 29, 2010. News: Great Lakes Restoration Initiative funding to be used for immediate Asian Carp control measures. The Army Corps of Engineers will use the funding to prevent the entry of Asian Carp into the Great Lakes ecosystem.    To unsubscribe from our Update, please email us at envlaw@mdllp.net.

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