The MD Ohio Environmental Update     Edited by Sarah J. Staley Environmental l  Toxic Tort l  Litigation May 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.mdohioenvironmentalupdate.blogspot.com.   We hope you find the Update interesting and helpful, and we would be grateful for any feedback you might have.  Thank you.     News: Governor announces Ohio partnership to develop North America’s first fresh water offshore wind farm in Lake Erie. The project, in which McMahon DeGulis attorneys Dave Nash, Lou McMahon, and Andrea Salimbene have been instrumental, involves a collaboration between General Electric and non-profit LEEDCo.  The target completion for the project is late 2012.  Federal Court Cases: Whit Machine v. Essex Insurance, 09-3721 (6th Cir. May 13, 2010).  In a dispute involving insurance coverage for loss resulting from fire damage, the court held that the policy was unambiguous and did not include additional coverage for pollution removal costs.  Kopacz v. Hopkinsville Surface and Storm Water Utility, 5:09-CV-00203-TBR (W.D. Ky May 14, 2010). The Court chose to stay proceedings on a CAA claim because plaintiffs had previously filed related state law claims, which were already being adjudicated in state court.  U.S. ex rel. Tetsuwari v. Fernald, 1:06-cv-00235 (S.D. Ohio May 5, 2010). Court found that defendant did not violate the False Claims Act in its highly regulated cleanup of a uranium-processing facility.    State Cases: Washington Environmental Services v. Morrow County District Board of Health, 2010-Ohio-2322 (10th Dist. May 25, 2010). In the review of an ERAC decision, the Court held that an application to transfer a construction and demolition debris facility permit could be denied when the person applying to take control of the permit has a history of substantial noncompliance with state and federal laws pertaining to environmental protection.  The Court redirected ERAC as to what would constitute substantial noncompliance and remanded.    Statutory and Regulatory Changes: US EPA issues final GHG Tailoring Rule. The new GHG emissions thresholds define when permits are required for new and existing industrial facilities.  The rule will affect permitting beginning on January 2, 2011.  U.S. EPA proposes new coal ash regulation. If enacted, this rule would be the first regulation of coal ash.  Comments are currently being accepted.       Ohio EPA Proposes Revisions to Sewage Sludge Rules. The new rule would prohibit the application of biosolids to land from December to March (among other things.)  Comments accepted until June 7, 2010.   Senators Kerry and Lieberman propose new act to address national pollution standards and clean energy. The act, known as the American Power Act, would reduce carbon pollution by 17 percent by 2020 and 80 percent by 2050.    Policy Initiatives: New White House memorandum proposes raising  fuel efficiency standards.  The memorandum requests that additional coordinated steps be taken to produce cleaner vehicles in the United States.   To unsubscribe from our Update, please email us at envlaw@mdllp.net.

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