Ohio Environmental Update Edited by Sarah J. Staley Environmental l  Toxic Tort l  Litigation October 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: Ashtabula River Corp. Group II v. Conrail, Inc., et al., No. 1:07 CV 3311 (N.D. Ohio 2009). CERCLA case involving non-governmental settlements and contribution protection under §113. Ashtabula v. Norfolk Southern Corp., 633 F.Supp.2d 519 (N.D. Ohio 2009). CWA suit brought by the City of Ashtabula regarding coal discharge into the Ashtabula River. Ford Motor Co. v. Michigan Consolidated Gas Go., 2009 WL 3190418 (E.D. Mich. 2009) CERCLA cost recovery action discussing the interplay between §106 and §113. State Court Cases: State ex rel. Merrill v. Ohio Dept. of Natural Resources Delineates ownership over the submerged bed of Lake Erie. Parents Protecting Children v. Korleski Defines a “continuing program of installation” in a permit to install. Trans Rail Am., Inc. v. Enyeart Clarifies ERAC jurisdiction over local board of health appeals. Statutory and Regulatory Changes: Ohio EPA proposes new solid waste and energy recovery facility rule Rule would clarify permitting process for anaerobic digestion operations.  Comments accepted until Friday, October 30, 2009. PUCO modifies rules for Ohio’s alternative energy portfolio standard Modified rules implement Senate Bill 221, Ohio electricity law, and the resource plan. Ohio EPA seeks comments on two draft general permits concerning small sewage treatment facilities Comments welcome through Friday, October 30, 2009. Policy Initiatives: Ohio EPA announces environmental insurance program Details the new insurance program for contaminated property. News: ERAC vacates all scheduled one hour de novo hearings and associated deadlines Changes made pursuant to AEP Ohio, et al. v. Ohio, et. al., No. 09-CV-14494 (Franklin County Ct. Com. Pl.  Oct. 9, 2009). State awarded judgment in hazardous waste case State will receive $14.7 million from judgment against four Dayton defendants. PUCO schedules oral arguments on FirstEnergy compact fluorescent light bulb program Oral arguments scheduled for Wednesday, October 28, 2009 at 1:30 p.m. at the PUCO Offices. To unsubscribe from our Update, please email us at envlaw@mdllp.net.

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