Ohio Court weighs in on CERCLA contribution/cost recovery debate *

USA - February 14 2013
On February 8, 2013, the U.S. District Court for the Southern District of Ohio issued its decision in Hobart Corporation v. Waste Management of Ohio…

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Ohio Supreme Court clarifies air pollution penalty calculation *

USA - December 7 2012
On December 6, 2012, the Ohio Supreme Court issued its widely anticipated decision in State ex rel. Ohio Attorney General v. Shelly Holding Co.

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U.S. EPA and the rule of three: two is a coincidence, three is a trend *

USA - August 31 2012
In a trio of recent decisions, several federal circuit courts of appeal are holding U.S. EPA in check on an expansive view of its regulatory powers.

Co-authors: Robert James.

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Sierra Club v. Korleski and the Ohio Best Available Technology rule: wine turned into vinegar for the Sierra Club *

USA - May 28 2012
In dramatic fashion, on May 25, 2012 the U.S. Court of Appeals for the Sixth Circuit reinstated the ten-ton Best Available Technology (“BAT”) rule which permits the Director of Ohio EPA to issue permits to smaller emission sources that produce less than ten tons of emissions per year without first determining whether those sources will employ BAT.

Co-authors: Robert James.

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U.S. Supreme Court sides with property owners over U.S. EPA on wetlands compliance order *

USA - March 22 2012
The U.S. Supreme Court ruled unanimously on March 21, 2012 that property owners have the right to prompt review by a federal judge of a compliance order issued by the U.S. Environmental Protection Agency that blocked construction of a couple’s home in an alleged wetland.

Co-authors: Robert James.

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