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The Legal Tug of War Over the Definition of Waters of the United States

Once again, developers and other interested parties are grappling with yet another District Court decision regarding the definition of Waters of the United States. On August 30, 2021, the Federal District of Arizona vacated...more

Shumaker Environmental Update, April 2021

Interested Parties Review of Draft Hazardous Waste Management Rules: Ohio EPA has made a package of draft amended and no-change Hazardous Waste Management Program rules available for review by Interested Parties. The package...more

Ohio EPA Updates, March 18, 2021

Final Rules regarding Credible Data Program Wave 2 – OAC Chapter 3745-4:  Effective March 1, 2021, Ohio EPA Division of Surface Water (DSW) adopted final revisions to the following rules...more

Client Alert: What to Expect from the Biden Administration’s Environmental Policy

During the 2016 campaign, Candidate Trump made one priority clear and that would be deregulating federal agencies should he win the presidency. In particular, Candidate Trump stated the United States Environmental Protection...more

[Webinar] Two Months in - Impacts of the Biden Administration on Environmental Policies and a Look at the Upcoming Year - March...

Since President Biden was sworn into office, he has signed a large number of Executive Orders, many of which reversed the actions of the Trump Administration. This one-hour webinar will address the Biden Administration’s...more

Ohio EPA Updates, January 2021

Early Stakeholder Outreach- CRO 2022 Rules: Ohio EPA, Division of Environmental Response and Revitalization (DERR), is seeking stakeholder input on amendments to rules in the Cessation of Regulated Activities Program. The...more

Client Alert: Ohio EPA Seeks to Amend Regulations Governing Variances of Water Quality Standards for Point Sources

On July 31, 2020, Ohio EPA issued an Early Stakeholder Outreach1 for revisions to Ohio Administrative Code (“OAC”) 3745-1-38 Variances from water quality standards for point sources. Comments on this rulemaking are due August...more

Environmental Update - July 2020 (Issue 16)

Welcome to the Shumaker, Loop & Kendrick, LLP Environmental Update; a monthly publication dedicated to providing content regarding Ohio administrative and regulatory law, as well as up to date information on the Ohio EPA's...more

Environmental Update - June 2020 (Issue 15)

Air - Public Comment Request - 2015 Ozone National Ambient Air Quality Standard Emissions Inventory & Emissions Statement Program - Butler, Clermont, Cuyahoga, Geauga, Hamilton, Lake, Lorain, Medina, Portage, Summit, and...more

Environmental Update - May 2020 (Issue 14)

Welcome to the Shumaker, Loop & Kendrick, LLP Environmental Update; a monthly publication dedicated to providing content regarding Ohio administrative and regulatory law, as well as up to date information on the Ohio EPA's...more

Client Alert: U.S. EPA Issues Policy Intended to Ease Pre-Construction Permitting Requirements for New and Modified Industrial and...

In what is now clear to be a series of policy changes to ease air permitting requirements for industrial and manufacturing facilities, U.S. EPA has issued its second memorandum entitled “Project Emissions Accounting under the...more

Client Alert: U.S. EPA Withdraws "Once-In, Always-In" Policy for Sources Regulated Under Section 112 of the Clean Air Act

On January 25, 2018, U.S. EPA issued a memorandum entitled "Reclassification of Major Sources as Area Sources under Section 112 of the Clean Air Act." The memorandum addresses whether a source is subject to the stringent...more

Client Alert: Administrator Pruitt Issues a Directive to Eliminate “Sue and Settle” Agreements in Environmental Regulation

On October 16, 2017, Administrator Pruitt issued a directive and accompanied memorandum that would eliminate “Sue and Settle” agreements that have been used during the past administration to influence U.S. EPA’s regulations. ...more

Client Alert: The First Six Months of the Trump Administration: Will Trump Successfully Deregulate U.S. EPA?

During the campaign, Donald Trump made clear one priority would be deregulating federal agencies should he win the presidency. In particular, Candidate Trump stated U.S. EPA was at the top of his list for deregulation. In...more

Client Alert: Non-Governmental Organizations (NGOs) Seek to Compel U.S. EPA to act on Ohio EPA’s Submission of its List of...

On April 25, 2017, the National Wildlife Federation, Alliance for the Great Lakes, Lake Erie Charter Boat Association, Lake Erie Foundation, Michigan United Conservation Clubs, and Ohio Environmental Council (NGOs) filed a...more

Insights Newsletter - December 2016

SHINING LIGHT INTO THE HEART OF DARKNESS:An Update on the Cuban Embargo - I. Executive Summary - Sixty years after the imposition of the Cuban Embargo, the orthodoxy and ideology that caused it to persist are no...more

Update: Clean Power Plan - Energy Sector: Transformation or Regulatory Overreach? - Presented at the AHC Carbon Innovation...

Lou Tosi was a presenter at the AHC Group's Carbon Innovation Workshop on January 19, 2016 in Phoenix, Arizona. Lou gave an update on the Clean Power Plan. ...more

Legal Ethics and Social Media: What Pre-Litigation Advice May an Attorney Provide to His or Her Client?

When meeting with your client about a matter that will likely result in litigation, what advice can you give your client about privacy settings and removal of information from social media in the pre-litigation setting? The...more

Status of Legal Issues of the Clean Power Plan; Implications for the Power Industry

On January 20, 2015, Louis Tosi gave a presentation on the USEPA’s new Clean Power Plan and Greenhouse Gas Control strategies, including a discussion of the new proposals, the legal issues surrounding them and their impact on...more

Environmental Branding in Social Media

For the last three years, I have been the Vice Chair of Social Media for the American Bar Association Section of Environment, Energy, and Resources Air Quality Committee. The position requires posting developments in the law...more

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