Business Services

Environmental Law & Regulation

Roetzel's environmental attorneys provide comprehensive counsel on all aspects of Environmental Law, addressing issues that impact businesses, public entities, local governments, and individuals. Recognized as a “Leading Environmental Law Firm” by Chambers USA, we offer unparalleled expertise and support.

We maintain strong relationships with local, state, and federal regulatory and enforcement agencies. Our attorneys manage administrative, civil, and criminal environmental enforcement matters, permitting proceedings, regulatory negotiations, and rulemaking.

We represent clients in state and federal courts and before agencies such as the U.S. Environmental Protection Agency (EPA), U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, the Ohio EPA, the Ohio Department of Natural Resources, and the Ohio Department of Health. Our clients benefit from our extensive experience and credibility with regulatory authorities.

Our Experience

  • Successfully negotiated a federal consent decree for a district steam generating system to resolve NSR / PSD claims under the federal Clean Air Act
  • Ongoing representation of district heating system on Clean Air Act Title V permitting issues at two separate facilities
  • Ongoing representation of large manufacturer in defense of enforcement action brought by Ohio EPA over alleged violations of the facility’s Clean Air Act Title V permit
  • Represented a major roofing materials manufacturer in connection with the defense of a PSD enforcement action brought by the Ohio EPA
  • Represented a large aggregate and industrial minerals mining company in an air permitting enforcement action initiated by the Ohio EPA
  • Represented a large foundry client in connection with the resolution of numerous alleged air permitting violations for which it was cited by the Ohio EPA
  • Represented a major landfill client with respect to the permitting of a large expansion to its landfill in a manner that avoided major source permitting under the Clean Air Act   
  • Represented a major petroleum company in connection with the permitting and construction of a 149-mile petroleum products pipeline in Ohio
  • Currently representing a major petroleum company with respect to the permitting of a 49-mile Utica Shale condensate pipeline in Ohio
  • Represented a major refining client in connection with an emergency response effort that was undertaken as a result of an explosion at one of its Ohio facilities
  • Represented Ohio Township Trustees and County Board of Commissioners in negotiations over connection ban order with the Ohio EPA and revisions to the Areawide 208 Plan
  • Represented a large municipality in an enforcement action initiated by the State of Ohio. As part of our representation, we persuaded the court of common pleas and the court of appeals to deny a motion to intervene filed by a neighboring community and affirm the amicable settlement entered into with the State of Ohio
  • Prosecuted an action under CERCLA and Ohio’s Voluntary Action Program on behalf of shopping plaza owners to recover the cleanup costs incurred in responding to contamination from historic dry cleaning operations; obtained a favorable settlement after successfully defending against a motion for summary judgment
  • Advised a Fortune 100 company concerning $80 million Department of Energy stimulus grant funding for large natural gas user and electricity energy efficiency projects
  • Represented a large Ohio municipality in connection with the permitting of a major roadway project involving impacts to streams and wetlands
  • Defended an environmental contractor in a lawsuit alleging negligence in the response to a release from a petroleum underground storage tank; obtained a favorable settlement after briefing the issues on summary judgment
  • Negotiated a multi-million dollar settlement of a multi-facility PCB contamination matter between the buyer and seller in a private cost recovery action
  • Represented a state contractor in a $4 million settlement with the State of Ohio and negotiated numerous contract change orders between the parties
  • Represented a large Ohio municipality on the development and eventual implementation of a long-term control plan to address combined sewer overflows. Representation included negotiations with the Ohio EPA and U.S. EPA
  • Represented the largest landfill in Northeast Ohio on all environmental matters
  • Served as lead trial counsel for a mining company in a $600 million class action toxic tort case involving radioactive slag
  • Advised an Ohio municipality on obtaining grant monies and implementing a grant agreement under the Clean Ohio Fund
  • Represented a large municipality in several appeals before the Ohio Environmental Review Appeals Commission on challenges to NPDES permits and Ohio’s Water Quality Standards
  • Represented owners of a steel manufacturing facility and commercial storage warehouse in obtaining No Further Action Letters and Covenants Not to Sue; representation included negotiations with the Ohio EPA
  • Represented a transit authority in the acquisition of properties for development of a rail line and completion of associated environmental due diligence activities
  • Represented an Ohio municipality in 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 negotiations with the Ohio EPA and U.S. Army Corps of Engineers
  • Represented a national homebuilder for the cleanup and removal of unexploded munitions for 950-unit subdivision built on a World War II munitions bombing range; representation included claims by the homeowners, state and federal agencies, and affirmative cost recovery from the U.S. Army Corps of Engineers
  • Represented an agricultural equipment manufacturer before the USEPA for EPRCA citations at five plants
  • Represented a passenger airline company and a flight support company during a complete audit of their spark-ignited non-road engines and equipment under the Clean Air Act. The audit reviewed all small-engine and equipment considered point discharges under the Act, such as maintenance equipment and luggage ramps. The audit specifically addressed manufacturer’s certifications, labels, statutory warranties, appropriate regulatory recordkeeping, and testing of the discharges to determine whether the discharges were within regulatory guidelines 
  • Represented an OEM automotive manufacturer to secure environmental permits to install spray painting and press equipment
  • Represented Associated Aviation Underwriters in environmental claims by Massport, Delta Airlines and American Airlines related to flight operations
  • Handled environmental issues and citations associated with maintenance and hangar operations for several carriers at McCoy Field
  • Represented an airport in connection with intra-governmental agreement for temporary discharge of de-icing runoff
  • Represented a large industrial client against allegations that trichloroethylene (TCE) had contaminated a well field and a local school
  • Represented a local company involving the dispersal of alleged toxic substances from a heating, ventilating, and air conditioning (HVAC) failure

What We Do

CLEAN AIR ACT

  • Manage air permitting matters (minor and major source, including Title V and PSD permitting)
  • Ensure asbestos NESHAP compliance
  • Defend against enforcement actions
  • Oversee automobile emissions testing

CLEAN WATER ACT  

  • Secure wetland and stream permitting
  • Obtain municipal and industrial discharge permitting
  • Handle pretreatment permitting
  • Ensure storm water permitting and compliance
  • Manage combined sewer overflow/sanitary sewer overflow compliance

LITIGATION

  • Handle civil and criminal enforcement actions
  • Conduct administrative hearings and appeals
  • Manage Superfund litigation
  • Address common law and toxic tort litigation
  • Litigate contract indemnity issues

SOLID WASTE, HAZARDOUS WASTE, AND RADIOACTIVE MATERIALS

  • Ensure compliance with TSD, generator, and transporter standards
  • Manage hazardous and radioactive waste remediation matters
  • Oversee landfill permitting and compliance
  • Handle flow control and fees
  • Allocate liability and manage cleanups for Superfund sites

GENERAL ENVIRONMENTAL MATTERS

  • Ensure regulatory compliance and facility permitting
  • Conduct environmental audits and assessment
  • Manage corporate and commercial transactions and due diligence
  • Provide emergency response and risk management assessments
  • Implement environmental management systems
  • Engage in legislation and rulemaking
  • Facilitate brownfield redevelopment projects

Related Media & Events

  1. Alerts
    Regulation of PFAS Chemicals Fully Underway - May 8, 2024
    Ohio Appellate Court Holds Hazardous Material Transportation Act Does Not Preempt Ohio Products Liability Act - Feb 8, 2024
    Status of DOJ and EPA Policies on Supplemental Environmental Projects - Dec 22, 2023
    Wrangling Continues over Revised WOTUS Conforming Rule Issued in Response to Sackett v. EPA - Oct 9, 2023
    Biden Administration Changes to Enforcement Policies - Aug 3, 2023
    U.S. Supreme Court Issues Ruling in Sackett v. EPA Overruling EPA’s “Waters of the United States” Rule - May 26, 2023
    “Waters of the United States” Rule Update - Apr 25, 2023
    “Waters of the United States” Rule To Be Tested by Pending U.S. Supreme Court Ruling in Sackett v. EPA - Mar 17, 2023
    EPA Approves New Standard for Phase I Environmental Site Assessments - Jan 6, 2023
    New Developments in Air Regulation - Oct 26, 2022
    Ohio Appellate Court Finds Virtual Contact Is Not Enough for Personal Jurisdiction - Jul 7, 2022
    Clean Water Act Update - May 7, 2021
    New Liability Protection for Purchasers of Contaminated Properties in Ohio - Oct 23, 2020
    Ohio Supreme Court Applies 21-Year Statute of Limitations in Oil and Gas Lease Dispute - Dec 3, 2019
    Can Your Business Fly Under the Radar? - Oct 16, 2017
    Hurricane Irma - Sep 27, 2017
    Pipeline Companies Win Key Battles in War for Eminent Domain Rights - Sep 19, 2016
    FAA Issues Long-Anticipated Commercial Drone Rules & Eliminates the Section 333 Exemption Process - Jun 22, 2016
    Ohio Legislature Passes Over 30 Bills in 48 Hours - Jun 9, 2016
  2. Articles
    Hot Environmental Issues for 2023 - Spring 2023 - Columbus Bar Lawyers Quarterly
    Down with PVC? Implications to Construction Industry as EPA is Pushed to Consider PVC as Hazardous Waste - November 2022 - Properties Magazine
    US EPA’s Submission of Reconsidered Fugitive Emissions Rule Signals Movement Forward on Agency Air Permitting Initiatives - Aug 25, 2022 - National Law Review
    US EPA Adoption of New Phase I ASTM Standard E1527 Delayed by Adverse Comments - May 23, 2022 - National Law Review
    Environmental Justice Consideration in Affordable Housing - Apr 4, 2022 - National Law Review
    Significant Activity Follows US EPA’s TSCA Asbestos Risk Evaluation - Feb 26, 2021 - National Law Review
    Judicial Review of US Lead Hazard Rule Suggests Debate Will Continue - Nov 16, 2020 - National Law Review
    Ohio Adopts CERCLA Bona Fide Prospective Purchaser Defense - Jul 29, 2020 - National Law Review
    Flexibility for Transactional and Regulatory Requirements in the Wake of COVID-19 - Apr 29, 2020 - National Law Review
    It Has Been A Busy Year for the TSCA Risk Assessment Process - Sep 16, 2019 - National Law Review
    Asbestos Receiving Renewed Attention in Light of Additional US EPA Assessments under TSCA and Potential Ban by Congress - Jun 10, 2019 - National Law Review
    "Walking the Fine Line: Code Enforcement and the Fourth Amendment" - Jan/Feb 2019 - Municipal Lawyer Magazine
    US BUILD Act Clarifies Tenant Standing for Bona Fide Prospective Purchaser Protections from Contaminated Property Liability - Nov 14, 2018 - National Law Review
    "Reasonable Expectations: What can your city attorney do for you?" - Nov/Dec 2018 - Quality Cities
    US EPA Escapes Sanctions But Incurs Judge's Wrath for Deficient FOIA Responses - Apr 6, 2015 - frESH Perspectives on Environmental, Safety & Health
    US EPA's Duty to Revise PSD Rules When It Amends NAAQS Is Not Mandatory - Dec 23, 2014 - frESH Perspectives on Environmental, Safety & Health
    Oil and Gas in Ohio: The Latest Debate Involving Technology, Energy and the Environment - Aug 24, 2012
    Ohio Court Limits Horizontal Offsite Drilling - Apr 11, 2012
    Ohio Court Limits Horizontal Offsite Drilling - Apr 11, 2012
    Ohio Oil and Gas Driller Successfully Fights Off Nuisance Suit From Neighboring Homeowner - Apr 5, 2012
    Ohio Oil and Gas Driller Successfully Fights Off Nuisance Suit From Neighboring Homeowner - Apr 5, 2012
    Oil & Gas Permitting Update: Recent General Permit Developments Affecting Oil and Gas Development - Apr 2, 2012
    Environmental Law Settlement and Negotiation Strategies: A Practical Perspective - 2007
    Environmental Control: Minimizing the Risks of Acquiring Brownfields - Nov 1, 2006
    Clean Water Act Section 404/401 Permitting - Mar 2, 2004
    Environmental Risks in Bankruptcy - 1991 - Ohio Lawyer
  3. Firm News
    100 Roetzel Attorneys Named 2025 Best Lawyers®, “Ones to Watch” - Aug 15, 2024
    Roetzel & Andress Recognized in Chambers USA 2024 Guide - Jun 6, 2024
    Roetzel Earns National and Regional Rankings in 2024 Best Law Firms® - Nov 2, 2023
    Roetzel & Andress Earns Recognition in 2024 Best Lawyers - Aug 17, 2023
    Chambers and Partners Recognizes Five Roetzel Attorneys and One Practice Area in 2023 USA Guide - Jun 1, 2023
    Attorneys Farolino & Haupt Named to Super Lawyers® Top List 2023 - Dec 29, 2022
    22 Roetzel Attorneys Named 2023 Ohio Super Lawyers and Rising Stars - Dec 29, 2022
    Roetzel & Andress Named to 2023 “Best Law Firms” List - Nov 3, 2022
    Experienced Environmental Attorney Joins Roetzel & Andress in Columbus - Oct 12, 2022
    Roetzel Attorneys Recognized in 2023 Edition of The Best Lawyers in America® - Aug 18, 2022
    Chambers USA® 2022 Recognizes Roetzel & Andress for 19th Consecutive Year - Jun 2, 2022
    Farolino & Haupt Named in Super Lawyers® Top 2022 Lists - Dec 30, 2021
    Twenty-Seven Roetzel Attorneys Selected to 2022 Ohio Super Lawyers and Rising Stars List - Dec 30, 2021
    Roetzel & Andress Named to 2022 “Best Law Firms” List - Nov 4, 2021
    Six Roetzel Attorneys Named “Lawyer of the Year” by Best Lawyers® 2022 - Aug 19, 2021
    74 Roetzel Attorneys Named 2022 Best Lawyers in America®; 18 Recognized as Best Lawyers: Ones to Watch - Aug 19, 2021
    Chambers USA® 2021 Recognizes Roetzel & Andress for 18th Consecutive Year - May 20, 2021
    Thirty Roetzel Attorneys Selected to 2021 Ohio Super Lawyers and Rising Stars List - Dec 8, 2020
    Roetzel & Andress Ranked Among “Best Law Firms” by U.S. News – Best Lawyers® - Nov 5, 2020
    Seven Roetzel Attorneys Named Among Naples Illustrated 2020 Top Lawyers - Sep 1, 2020
    Roetzel’s Michelle Reese Named a 30 for the Future Award Recipient - Aug 24, 2020
    Seventy Roetzel Attorneys Named to 2021 The Best Lawyers in America© List; Ten Named “Lawyer of the Year” - Aug 20, 2020
    Roetzel Recognized in 2020 Edition of Chambers USA® for 17th Consecutive Year - Apr 23, 2020
    23 Roetzel Attorneys Named 2020 Ohio Super Lawyers®; 11 Named Rising Stars® - Nov 27, 2019
    Eleven Roetzel Attorneys Named Among Naples Illustrated 2019 Top Lawyers - Sep 25, 2019
    Bob Blackham Achieves Recertification by National Board of Trial Advocacy - Aug 27, 2019
    Roetzel Receives Top Rankings in Chambers USA 2019 - May 2, 2019
    Seven Roetzel Attorneys Named "Lawyer of the Year" by Best Lawyers® - Aug 20, 2018
    Roetzel Shareholders Recognized with Top Rankings in Chambers USA 2018 - May 4, 2018
    Roetzel & Andress Ranked in 2018 "Best Law Firms" List - Nov 2, 2017
    Roetzel & Andress Ranked in 2017 "Best Law Firms" - Nov 1, 2016
    Roetzel Receives Top Rankings in Chambers USA 2016 - May 27, 2016
    Roetzel & Andress Ranked in 2016 "Best Law Firms" - Nov 2, 2015
    Ohio Governor Names Mason to Interstate Oil and Gas Compact Commission - Aug 31, 2015
    Roetzel Receives Top Rankings in Chambers USA 2015 - May 26, 2015
    Roetzel & Andress Ranked in 2015 "Best Law Firms" - Nov 3, 2014
    Roetzel Receives Top Rankings in Chambers USA 2014 - Jun 6, 2014
    Donald L. Mason Joins Roetzel's Columbus Office - Jun 3, 2013
    Roetzel Receives Top Rankings in Chambers USA 2013 - Jun 3, 2013