(COLUMBUS, Ohio)—Ohio Attorney General Mike DeWine praised today’s ruling from the U.S. Court of Appeals for the Sixth Circuit in Sierra Club v. Korleski, upholding Ohio’s Air Pollution Control Laws as they pertain to small businesses.
“I commend the Sixth Circuit for affirming Ohio law and efforts of Ohio EPA to ensure clean air,” Attorney General DeWine said. “This decision will allow Ohio to continue taking a reasonable approach to protecting air quality with regulations appropriate for businesses of all sizes."
In 2006, the Ohio General Assembly revised Ohio’s air pollution laws to allow Ohio EPA to issue permits to exempt businesses determined to be small emissions sources. Previously the Director of Ohio EPA was required to issue permits only after it was determined whether new or modified emissions sources employed the best available technology (BAT) to reduce emissions, regardless of whether it was appropriate for firms to do so.
In May 2008, the Sierra Club filed a citizen suit against the Director of Ohio EPA in Federal District Court, alleging that Ohio EPA was circumventing the State Implementation Plan for the Clean Air Act established in 1972. The Sierra Club alleged that Ohio was required to force all businesses with emissions to use the more stringent BAT standard.
In today’s ruling, the Circuit Court ruled in favor of Ohio EPA and remanded the case to district court with instructions to dismiss the complaint.
Dan Tierney: 614-466-3840
Lisa Hackley: 614-466-3840
Copy of Sixth Circuit Court Decision (PDF)