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   Energy, Public Utilities & Environment
 
Representative Matters

 

Energy and Public Utilities

Represent competitive electric and natural gas marketers in matters before the state regulatory commissions

Represent competitive electric and natural gas marketers in the development of their product sales campaigns and form contracts in most states with competitive energy markets

Represent customers purchasing competitive energy services in sourcing their energy supply and negotiating contracts with their providers

Worked on approximately nine new generation siting projects worth more than $2 billion collectively before the Ohio Power Siting Board (OPSB), more than any other firm in the state

Counsel the energy committee of the Ohio Manufacturers' Association on proposed legislation and participate on its behalf before regulatory agencies

Represent approximately 20 local exchange carriers on matters ranging from obtaining permits to operational issues

For the past 25 years, we have represented the largest privately owned water utility company in Ohio on the full range of regulatory issues and proceedings, including service area system acquisitions, expansions of service areas, rate cases, and accounting cases. We have defended this client against complaint cases and participated in industry-wide proceedings on its behalf.


Environmental

Solid and Hazardous Waste

Act as general environmental counsel for regional hazardous waste incinerator, including defending litigation involving siting, permits, alleged air pollution violations, and whistle-blower statute 

  • Ohio’s background investigation and annual disclosure statements
  • Title V air permit appeal
  • Modification to hazardous waste permit 

Act as general counsel to local privately-owned solid waste company (landfill, transportation, and recycling)

  • negotiated settlement with Ohio EPA and Ohio Attorney General’s office for alleged solid waste violations
  • negotiated solid waste disposal contracts with local governmental entities
  • assist in permitting expansion of solid waste landfill 

Represent national company related to closed hazardous waste landfill

  • defended various enforcement actions brought under the hazardous waste laws by state and local governmental entities
  • current defense on appeal of approved closure and post closure plan 

Act as general environmental counsel for national brick manufacturer

  • counsel on various solid waste and residual waste issues
  • counsel on various air pollution control issues, such as Title V permit, CEMs, and stack testing

Sited and permitted one of the first hazardous waste permits in Ohio for a Fortune 500 company’s hazardous waste incinerator 

Represent national company in storing and burning hazardous waste fuel in its industrial manufacturing operations 

Defended privately owned, local solid waste company in appeal of solid waste landfill permit for a greenfield site

Air Pollution 

Currently representing clients with Title V facility permit challenges 

Negotiated administrative settlement with Ohio EPA for local manufacturer involving alleged failure to obtain necessary permits and excess VOC emissions 

Defended a mineral processing and manufacturing facility in state and federal enforcement actions relating to alleged exceedences of air emission limits 

Negotiated consent decree with Ohio Attorney General’s office for regional manufacturer involving alleged failure to obtain necessary permit and excess particulate matter emissions

Water Pollution 

Represent local manufacturer in suit involving alleged violations related to discharges from private wastewater treatment plant 

Negotiated administrative settlement with Ohio EPA for Fortune 100 manufacturer for alleged violations involving private wastewater treatment plant 

Defend national manufacturer in citizen suit brought under the Clean Water Act for alleged discharges to jurisdictional waters without a permit 

Represent numerous local mobile home parks and negotiate administrative settlements with Ohio EPA for alleged violations involving private wastewater treatment plants

Represent numerous Central Ohio municipalities and villages in various litigation related to expansion and construction of sewer lines and waste water treatment plant

Real Estate 

Represent national REIT in obtaining Covenant-Not-to-Sue (CNS) under Ohio’s Voluntary Action Program (VAP) 

Represent national telecommunications company in environmental due diligence involving hundreds of telecommunications towers in the Midwest

 

 

 

Highlights

The Ohio General Assembly has passed Am. Sub. S.B. 221: The Ohio State Energy Bill which includes alternative energy and energy efficiency provisions. Bricker & Eckler has prepared summaries and resources on the legislation
Resources on Ohio Am. Sub. S.B. 221

The Ohio Attorney General has filed approximately 60 new lawsuits against a number of companies and individuals accused of violating Ohio environmental laws
Ohio Attorney General Investigations and Litigation

Information and resources on the Ohio EPA industrial waste regulations
Ohio Industrial Waste Rules

The Ohio EPA pollution and waste violation citations and annual enforcement reports
Ohio EPA Violations

Analysis of the weekly meetings of the Public Utilities Commission of Ohio
PUCO Proceedings

What's happening in the 127th Ohio General Assembly?
Energy & Environmental Legislation


Special Features

Details of Ohio Governor Ted Strickland's "Building Ohio Jobs" initiative, aimed at creating 80,000 new Ohio jobs by issuance of $1.7 billion in bonds for Ohio infrastructure, including energy and environmental advancements
Ohio Governor Ted Strickland Presents the "Building Ohio Jobs" Initiative
 

 

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