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An Environmental Law Even Judge Learned Hand Would Violate: Ohio Epa Needs Non-Monetary Penalties To Enforce Construction Npdes Permits, David Emerman
An Environmental Law Even Judge Learned Hand Would Violate: Ohio Epa Needs Non-Monetary Penalties To Enforce Construction Npdes Permits, David Emerman
Cleveland State Law Review
The Ohio EPA regulates construction sites by issuing NPDES permits that impose restrictions on the discharge of stormwater. Construction sites, however, have little incentive to follow these requirements. For many construction sites, it is more economical to be out of compliance and risk an unlikely fine than to comply with the permit. When these construction sites are out of compliance, stormwater runoff carries sediment into waterways and adversely affects water quality. In negligence torts, the Learned Hand Formula is used to determine what a reasonable person would do. The Learned Hand Formula, when applied to what an economically reasonable construction …