COLUMBUS & FRANKLIN CTY. METRO. PARK DIST. v. SHANK

No. 91-1721.

65 Ohio St.3d 86 (1992)

COLUMBUS & FRANKLIN COUNTY METROPOLITAN PARK DISTRICT ET AL., APPELLEES, v. SHANK, DIRECTOR OF ENVIRONMENTAL PROTECTION, ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided November 10, 1992.


Attorney(s) appearing for the Case

Porter, Wright, Morris & Arthur, Christopher R. Schraff Judith L. French-Berry; Ronald J. O'Brien, City Attorney, Daniel W. Drake and Thomas P. Behlen, Assistant City Attorneys, for appellees.

Lee I. Fisher, Attorney General, and Retanio Aj Rucker, Assistant Attorney General, for appellant Director of Environmental Protection.

Samuels, & Northrop Co., L.P.A., David E. Northrop and Stephen P. Samuels, for appellants Jefferson Water & Sewer District and Lionmark Development Partners.

Michael H. Cochran, urging reversal for amicus curiae, Ohio Twonship Association.


SWEENEY, J.

I

The present controversy centers on the application of the state antidegradation rule embodied in Ohio Adm.Code 3745-1-05. However, a thorough understanding of this regulation is impossible without considering the history of federal and state efforts to reduce widespread water pollution, the current statutory approach to the elimination of pollution and the role of the federal antidegradation standard...

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