On April 10, 2024, U.S. EPA issued the first-ever, national drinking water standard for a group of chemicals commonly referred to as “PFAS” or “forever chemicals”. PFAS generally refers to a family of chemicals known as “per-...more
Sustainability is becoming an increasingly important factor in consumers’ purchasing decisions. According to a 2022 report released by First Insight and the Baker Retailing Center at the Wharton School of the University of...more
On January 29, Governor DeWine announced a new statewide initiative aimed at eliminating a common fire suppression material called Aqueous Film Forming Foam (AFFF). AFFF, also known as firefighting foam, is a fire suppression...more
Today, on February 7, 2024, U.S. EPA announced its final air quality standard to govern fine particulate matter (PM 2.5), also known as soot. More specifically, U.S. EPA set an annual health-based national ambient air...more
On August 4, 2023, the United States Environmental Protection Agency’s (U.S. EPA) “Good Neighbor Plan (GNP)” went into effect, requiring power plants and certain industrial facilities to implement emissions reductions through...more
The Ohio Department of Development (ODOD) recently released further application details and information regarding its Building Demolition and Site Revitalization Program (the Program), which recently received renewed funding...more
11/1/2023
/ Brownfield Properties ,
Demolition ,
Funding ,
Neighborhood Revitalization ,
Procurement Guidelines ,
Real Estate Development ,
Set-Aside Contracts ,
Site Remediation ,
State and Local Government ,
State Budgets ,
State Funding ,
Urban Planning & Development
On September 28, 2023, US EPA announced its final review and approval of the Maumee River Watershed Nutrient Total Maximum Daily Load (Maumee TMDL), which Ohio EPA submitted for approval on June 30, 2023. In issuing its...more
On August 29, 2023, the U.S. EPA and U.S. Army Corps of Engineers announced a pre-publication version of their final rule amending the definition of “waters of the United States” (WOTUS) in response to the Sackett v. EPA...more
8/30/2023
/ Administrative Procedure Act ,
Amended Rules ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Navigable Waters ,
Sackett v EPA ,
SCOTUS ,
Substantial Nexus ,
US Army Corps of Engineers ,
Waters of the United States
Today, the U.S. Supreme Court issued its long-awaited decision in the Sackett v. EPA case, in which it narrowed the test for determining whether wetlands are subject to federal jurisdiction under the Clean Water Act, thereby...more
On May 4, 2023, Judge James Carr of the U.S. District Court, Northern District of Ohio, issued an Order approving a consent decree in settlement of litigation pending for nearly six years....more
On March 14, 2023, the United States Environmental Protection Agency (EPA) revealed its long-awaited proposal to regulate per- and polyfluoroalkyl substances (PFAS) under the Safe Drinking Water Act through issuance of a...more
On February 10, 2023, the Sixth Circuit issued an opinion in Sierra Club, et al. v. U.S. EPA, et al., (Case No. 21-3057). The case involved a petition for review filed by the Sierra Club, the Ohio Environmental Council, and...more
3/22/2023
/ Air Pollution ,
Biden Administration ,
Clean Air Act ,
Environmental Protection Agency (EPA) ,
Environmental Review ,
Executive Orders ,
Motion to Remand ,
NAAQS ,
National Emissions Standards ,
Nuisance ,
Permits ,
Public Health ,
Remand ,
Sierra Club ,
State Implementation Plans (SIPs)
On December 30, 2022, U.S. EPA and the U.S. Department of the Army announced a final rule revising the definition of Waters of the United States (WOTUS). The final rule largely follows the substance of U.S. EPA’s proposed...more
On July 21, 2022, new Ohio law governing regulation of ephemeral streams went into effect. The new law is the result of House Bill 175, which was passed by the Ohio General Assembly on April 6, 2022. ...more
Regulatory challenges and serious public health consequences associated with lead in drinking water have been the topic of national discussion in recent years, particularly following the drinking water crisis in Flint,...more
1/26/2022
/ Amended Rules ,
Biden Administration ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
Lead ,
Municipalities ,
Public Health ,
Safe Drinking Water Act ,
Water Management ,
Water Supplies
On January 24, 2022, the U.S. Supreme Court granted a petition for a writ of certiorari in Sackett v. EPA (case no. 21-454) regarding the question,“[w]hether the Ninth Circuit set forth the proper test for determining whether...more
The Ohio Department of Development (ODOD) released rules and associated program guideline documents (Brownfield Remediation and Building Demolition and Site Revitalization) to govern the disbursement of $500 million in total...more
12/9/2021
/ Abandoned Property ,
Applications ,
Brownfield Properties ,
Conservation ,
Demolition ,
Distressed Properties ,
Economic Development ,
Environmental Assessments ,
Governor DeWine ,
Hazardous Waste ,
Municipalities ,
Neighborhood Revitalization ,
New Rules ,
Nonprofits ,
Ports ,
Public Parks ,
Site Remediation ,
State Funding ,
State Grants ,
State Park ,
Vacant Properties
On November 18, 2021, the U.S. Environmental Protection Agency (EPA) and the Department of the Army announced a proposed rule to revise the definition of Waters of the United States (WOTUS). According to the agencies, the...more
On October 13, 2021, Ohio EPA issued its water quality certification pursuant to Section 401 of the Clean Water Act for the 41 nationwide permits (NWPs) that are currently set to expire on March 18, 2022.
NWPs offer a...more
On August 30, 2021, the United States District Court for the District of Arizona issued an order vacating the Navigable Waters Protection Rule and remanding the rule back to U.S. EPA and the U.S. Army Corps of Engineers. The...more
9/7/2021
/ Biden Administration ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Navigable Waters ,
Obama Administration ,
Remand ,
Trump Administration ,
US Army Corps of Engineers ,
Vacated ,
Waters of the United States ,
Wetlands
On June 9, 2021, the Biden administration announced its intent to repeal and replace the Trump administration’s 2020 Navigable Waters Protection Rule, which defines which waterbodies constitute “waters of the United States”...more
On May 24, 2021, the U.S. Supreme Court released its opinion in the Territory of Guam v. United States case. At issue was whether Guam could maintain a Comprehensive Environmental Response, Compensation, and Liability Act...more
5/27/2021
/ CERCLA ,
Clean Water Act ,
Clean-Up Costs ,
Consent Decrees ,
Contribution Claims ,
Cost Recovery ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Environmental Remediation Costs ,
Guam ,
Guam v United States ,
Hazardous Waste ,
SCOTUS ,
Statute of Limitations ,
U.S. Navy
Ohio EPA has provided notice of proposed amendments to its Accidental Release Prevention Program/Risk Management Program rules, which are found in Ohio Administrative Code Chapter 3745-104. Many of Ohio EPA’s proposed changes...more
The U.S. Army Corps of Engineers (Army Corps) issued its final rule on January 13, 2021, modifying and reissuing 12 existing nationwide permits (NWPs) and issuing four entirely new NWPs, which went into effect on March 15,...more
On December 8, 2020, U.S. EPA announced issuance of draft guidance to clarify its view of how the U.S. Supreme Court’s recent County of Maui v. Hawaii Wildlife Fund decision should be applied to its Clean Water Act National...more
12/10/2020
/ Appeals ,
Clean Water Act ,
Comment Period ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States