Curtailing The Ohio EPA’s Cost-Recovery Authority

Law360, New York (February 24, 2012, 1:33 PM EST) -- On Jan. 18, 2012, the Ohio First District Court of Appeals issued a major decision in an environmental enforcement action, State of Ohio ex rel. DeWine v. Mass Realty LLC, et al., No. C-110279, 2012-Ohio-146.

The decision clarifies that the Ohio Environmental Protection Agency (EPA) cannot recover standard enforcement costs as remediation response costs under Ohio law. The court also established a highly deferential standard for reviewing a trial court's civil penalty analysis in affirming a very low penalty for violations of director's findings and orders....
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