Halloween is over, but spooky season just began for anyone that owned, or now owns, a coal-fired power plant. If not already, these facilities should be frightened about the potential liability implicated by the Hazardous and...more
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
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
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
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
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
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
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
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
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
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
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
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
7/14/2017
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Waters of the United States
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
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