FAIRFIELD CTY. BD. OF COMMRS. v. NALLY

No. 2013-1085.

143 Ohio St.3d 93 (2015)

2015-Ohio-991

FAIRFIELD COUNTY BOARD OF COMMISSIONERS, Appellant, v. NALLY, DIR., Appellee.

Supreme Court of Ohio.

Decided March 24, 2015.


Attorney(s) appearing for the Case

Frost Brown Todd, L.L.C., Stephen P. Samuels , Joseph M. Reidy , Stephen N. Haughey , and Thaddeus H. Driscoll , for appellant.

Michael DeWine , Attorney General, Eric E. Murphy , State Solicitor, Samuel C. Peterson , Deputy Solicitor, and L. Scott Helkowski and Alana R. Shockey , Assistant Attorneys General, for appellee.

Linda S. Woggon , urging reversal for amicus curiae Ohio Chamber of Commerce.

John Gotherman ; and Frost Brown Todd, L.L.C., Stephen H. Haughey , Thaddeus H. Driscoll , and Stephen J. Smith , urging reversal for amici curiae Ohio Municipal League and County Sanitary Engineers Association of Ohio.

Squire Sanders, L.L.P., Jessica E. DeMonte , Andrew Etter , and John D. Lazzaretti , urging reversal for amici curiae Association of Ohio Metropolitan Wastewater Agencies and National Association of Clean Water Agencies.


I. Introduction

{¶ 1} This environmental case challenges the procedure used by the Ohio Environmental Protection Agency ("Ohio EPA") in issuing a renewed water-discharge permit to the Tussing Road Water Reclamation Facility in Fairfield County (the "Tussing Road plant"). The wastewater-treatment plant, because...

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