Industries & Practices

Environmental Law

We help clients with environmental compliance and enforcement issues, allowing them to protect and grow their businesses and communities.

Overview

Our firm is known to be at the forefront of the regulatory proceedings that are shaping the future of environmental regulation. We were intimately involved with the implementation of House Bill 592 which revolutionized the solid waste business in Ohio nearly 30 years ago.

Our environmental practice focuses on all aspects of environmental law, both state and federal, including counseling on regulatory compliance and litigation before Ohio’s Environmental Review Appeals Commission (ERAC) and state and federal courts.

We work frequently with the following types of clients:

  • Manufacturers
  • Energy companies and pipeline companies
  • Solid waste, hauling and disposal companies
  • Municipalities and government agencies
  • Real estate developers and private property owners

 

Related Industries & Practices

Areas of Focus
Air, Water & Solid/Hazardous Waste

We regularly advise clients with respect to compliance with the Clean Air Act and Ohio’s air permitting program; the Clean Water Act and Ohio’s NPDES permitting program; the Resource Conservation and Recovery Act (RCRA); and Ohio’s hazardous and solid waste laws, including solid waste management plans, flow control, recyclables, alternative daily cover (ADC) and beneficial use of waste materials. We also defend clients in enforcement actions brought by Ohio EPA or U.S. EPA under environmental laws, including negotiating Ohio EPA Director’s Final Findings and Orders (DFFO) to resolve environmental enforcement issues.

Wetland & Water Permitting

Many real estate projects involve wetland and stream impacts requiring permitting under Section 404 of the Clean Water Act, which also triggers 401 Water Quality Certifications (WQCs) from Ohio EPA. We advise clients on the process and practical implications of these permitting programs and have successfully defended 401 WQCs challenges at ERAC and the Sixth Circuit Court of Appeals. We also advise clients with respect to the application of the National Environmental Policy Act (NEPA) to various projects, including the Endangered Species Act (ESA), National Historic Preservation Act and Section 106 reviews.

CERCLA/Superfund Litigation

Collectively, our attorneys have decades of experience with Comprehensive Environmental Response, Compensation and Liability (CERCLA) litigation, including successfully defending on appeal the dismissal of a CERCLA contribution claim based on a statute of limitations. We have been involved in both Section 107 cost recovery actions and Section 113 contribution actions and are active in CERCLA cases and sites in Ohio involving expert witness testimony, Daubert challenges and allocation based on the Gore factors.

Transactional Due Diligence

We assist our firm’s transactional attorneys in evaluating due diligence methods for real property transfers (including Phase I ESAs and Phase II ESAs) and mergers, acquisitions and financing matters. We assist clients in brownfield sites, including counseling on Ohio’s Voluntary Action Program (VAP) and Ohio’s Cessation of Regulated Operations (CSOs) program.

USTs, PUSTRCB & Release Notifications

We counsel clients on compliance with Ohio’s underground storage tank program operated by the Bureau of Underground Storage Tank Regulations (BUSTR) and claims made to Ohio’s Petroleum Underground Storage Tank Release Compensation Board (PUSTRCB). Our attorneys also handle release notifications required under Ohio law, the Emergency Planning and Community Right-to-Know Act (EPCRA) and CERCLA.

Experience

Insights & Resources
Resource Center

Collaborating with government entities and private developers to build and implement creative strategies that promote investment, create jobs and enhance communities. For more information, please visit our DevelopOhio Resource Center.

People
Elyse H. Akhbari Elyse H. Akhbari Associate
Elyse H. Akhbari Associate
Columbus
614.227.8859
eakhbari@bricker.com
Dylan F. Borchers Dylan F. Borchers Associate
Dylan F. Borchers Associate
Columbus
614.227.4914
dborchers@bricker.com
Aaron M. Bruggeman Aaron M. Bruggeman Associate
Aaron M. Bruggeman Associate
Barnesville
740.374.2284
abruggeman@bricker.com
Zachary D. Eddy Zachary D. Eddy Associate
Zachary D. Eddy Associate
Columbus
614.227.7708
zeddy@bricker.com
Christopher T. Furey Christopher T. Furey Associate
Christopher T. Furey Associate
Cleveland
216.523.5478
cfurey@bricker.com
E. Nicki Hewell E. Nicki Hewell Associate
E. Nicki Hewell Associate
Columbus
614.227.6063
nhewell@bricker.com
James J. Hughes, III James J. Hughes, III Partner
James J. Hughes, III Partner
Columbus
614.227.2365
jjhughes@bricker.com
Matthew R. Koppitch Matthew R. Koppitch Associate
Matthew R. Koppitch Associate
Columbus
614.227.8824
mkoppitch@bricker.com
Glenn S. Krassen Glenn S. Krassen Partner
Glenn S. Krassen Partner
Cleveland
216.523.5469
gkrassen@bricker.com
Frank L. Merrill Frank L. Merrill Partner
Frank L. Merrill Partner
Columbus
614.227.8871
fmerrill@bricker.com
Christopher M. Nalls Christopher M. Nalls Associate
Christopher M. Nalls Associate
Dayton
937.535.3917
cnalls@bricker.com
Devin D. Parram Devin D. Parram Associate
Devin D. Parram Associate
Columbus
614.227. 8813
dparram@bricker.com
Christine Rideout Schirra Christine Rideout Schirra Associate
Christine Rideout Schirra Associate
Columbus
614.227.8810
cschirra@bricker.com
Sommer L. Sheely Sommer L. Sheely Partner
Sommer L. Sheely Partner
Columbus
614.227.8870
ssheely@bricker.com
Craig E. Sweeney Craig E. Sweeney Of Counsel
Craig E. Sweeney Of Counsel
Marietta
740.374.4405
csweeney@bricker.com
Matt Warnock Matt Warnock Partner
Matt Warnock Partner
Columbus
614.227.2388
mwarnock@bricker.com