Possible Setback for Common-sense Regulatory Reform

In what may be a possible setback for common-sense regulatory reform, a federal court has ordered the Biden administration’s U.S. EPA to reconsider a Trump-era decision reversing a rule that allows individuals to bring federal nuisance lawsuits against businesses under the Clean Air Act.

Without the 2020 rule change, citizen suits against manufacturing facilities would be allowed to continue, even when a facility is operating in accordance with its permit, or when the Ohio EPA has stated the facility did not operate as a nuisance.

The OMA led the Ohio business community in backing the 2020 rule change. For more, read this memo from Bricker & Eckler, the OMA’s general counsel. 2/16/2023