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: Frank Merrill.

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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: Frank Merrill.

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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: Frank Merrill.

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Ohio House Bill 133: new opportunities for oil and gas development on state lands *

USA - June 27 2011
The development of Marcellus and Utica shale offers the State of Ohio exciting new opportunities for oil and gas production, economic development and job growth.

Co-authors: Matt Warnock, Glenn S. Krassen.

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U.S. EPA releases Industrial Boiler MACT *

USA - February 24 2011
On February 23, 2011, the U.S. EPA released its much-anticipated Industrial Boiler MACT, which was actually finalized on February 21, 2011 pursuant to a federal court order.

Co-authors: Frank Merrill.

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