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Of Counsel
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Akron
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222 South Main Street
Akron OH 44308
Phone: (330) 849-6758
Fax: (330) 376-4577
lephlin@ralaw.com
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Ms. Ephlin focuses her practice in the areas of brownfields redevelopment, real estate acquisition due diligence, and environmental compliance counseling. As a former Senior Staff Attorney with the State of Ohio Environmental Protection Agency (Ohio EPA), Ms. Ephlin had an integral role in the development and implementation of Ohio's Voluntary Action Program. She also formerly served as the Supervising Attorney for Ohio EPA's Division of Solid and Infectious Waste Management, where she negotiated resolution of numerous enforcement and permitting matters. Since joining the firm, Ms. Ephlin has completed various enforcement, permitting, and brownfields redevelopment negotiations with the Ohio EPA and U.S. EPA, and represented clients on matters related to securing brownfields redevelopment funds. Ms. Ephlin's clients include the Ohio EPA, developers, manufacturers, municipalities, and private individuals. |
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- Represented the Ohio EPA in the development of the Voluntary Action Program rules (OAC Chapter 3745-300) which involved a two-year negotiated rulemaking process with a 21-member Multidisciplinary Board and over 100 regulated community stakeholders.
- Represented the Ohio EPA on Voluntary Action Program general counsel issues from the adoption of the statute in 1994 until 1999, during both the interim Program period authorized by statute and after the final rules were adopted. Developed numerous guidance documents to implement the Program.
- Authored the first Covenant Not to Sue under the Voluntary Action Program. Negotiated and authored numerous additional Covenants Not to Sue and Operation and Maintenance Agreements on behalf of the Ohio EPA.
- Ohio EPA selected stakeholder representing the regulated community in the Voluntary Action Program negotiated rulemaking process in 2001 to update OAC Chapter 3745-300.
- Advised Ohio municipality in obtaining grant monies and implementing a grant agreement under the Clean Ohio Fund.
- Represented owners of a steel manufacturing facility and of a commercial storage warehouse in developing No Further Action Letters and obtaining Covenants Not to Sue from Ohio EPA.
- Advised national retail company during negotiation of the purchase of new retail space, including requirements for seller to obtain a Covenant Not to Sue.
- Represented transit authority during the acquisition of numerous properties for development of a rail line and completion of associated environmental due diligence activities.
- Represented Ohio municipality on the acquisition of Clean Water Act approvals necessary for the development of an industrial park with impacts to approximately 10 acres of wetlands. Representation included extensive negotiations with the Ohio EPA and U.S. Army Corps of Engineers.
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- Selected for inclusion in The Best Lawyers in America® for Environmental Law (2010 & 2011)
- Supervising Attorney to Ohio EPA's Division of Solid and Infectious Waste Management
- Senior Attorney to Ohio EPA's Voluntary Action Program during development and implementation of the program
- Co-developer, Ohio EPA Voluntary Action Program Certified Professional Training (1996-1999)
- BV rating from Martindale-Hubbell Law Directory
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- Ohio State Bar Association, Environmental Law Committee
- Akron Bar Association, Environmental Law Committee
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- "Voluntary Action Program Rules" (OAC Chapter 3745-300), Co-author
- "Construction and Demolition Debris Rules" (OAC Chapter 3745-400), Co-author
- "Municipal, Industrial and Residual Solid Waste Rules" (OAC Chapters 3745-27, 3745-29 and 3745-30), Co-author
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- "Phase II Storm Water Regulation and Compliance in Ohio" (October 2005)
- "Brownfield Redevelopment Program: How to - From Assessing the Value to Completing the Project" (2005)
- "The Impact of Environmental Issues on Development Projects: Turning Challenges Into Opportunities" (February 2005)
- "The Impact of Environmental Issues on Construction and Development Projects: Turning Challenges Into Opportunities" (February 2004)
- "Redeveloping Brownfields: Making a Smart Investment - The Small Business Liability Relief and Brownfields Revitalization Act: What it Means Today" - Great Lakes Environmental Finance Center Conference (November 2003)
- "Land Use Law in Ohio: Complying with Environmental and Special Use Regulations" - National Business Institute (March 2003 & May 2002)
- "Advanced Real Estate Law in Ohio: Environmental Issues in Real Estate Transactions" - National Business Institute (April 2002)
- "Brownfields Developments - How to and Why it is Beneficial to Your Clients" - Akron and Cuyahoga County Bar Associations (December 2001)
- "Brownfields Redevelopment Strategy: VAP and Legal Considerations" - Ohio Planners Association Annual Conference (October 2001)
- "Ohio Voluntary Action Program Update" - Ohio State Bar Association Annual Environmental Law Seminar (March 1999)
- "Cleaning Up the Urban Environment" - American Bar Association Brownfields Teleconference (March 1997)
- "Financing Options, Alternatives and Grants, For Industrial and Commercial Businesses" - Akron Regional Development Board (November 1996)
- "Ohio Voluntary Action Program Rule Development" - Akron Bar Association Spring Environmental CLE Conference (April 1996)
- "Ohio Brownfields Alternatives and Economic Incentives" - Cincinnati Bar Association (November 1995)
- "Brownfields and Redevelopment" - National Association of Housing and Redevelopment Officials Annual Conference (October 1995)
- "State Brownfields and Ohio's Voluntary Action Program" - The Information Network for Superfund Settlements Spring Conference (April 1995)
- "Negotiated Rulemaking; Ohio's Construction and Demolition Debris Experience" - Ohio State Bar Association Annual Conference (1995)
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- 1991 J.D., The Ohio State University, Moritz College of Law
- 1986 B.A., Purdue University
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