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When Industry Knocks: Ohio Department Of Agriculture's Fight To Control Pollution Permits For Concentrated Animal Feeding Operations, Alexis Woodworth May 2019

When Industry Knocks: Ohio Department Of Agriculture's Fight To Control Pollution Permits For Concentrated Animal Feeding Operations, Alexis Woodworth

Cleveland State Law Review

The Clean Water Act requires that a permit be obtained before discharging pollutants into bodies of water in the United States. In Ohio, these permits are issued by the Ohio Environmental Protection Agency. But in 2002, after growing pressure from agriculture lobbyists, the Ohio Legislature passed legislation to transfer permitting authority over industrial farms to the Ohio Department of Agriculture. To date, this transfer has not been approved by the United States Environmental Protection Agency (EPA). The U.S. EPA has demanded legislative and regulatory changes before it will grant the Ohio Department of Agriculture (ODA) permitting authority. Concerned citizens and …


Crossing The Home-Rule Boundaries Should Be Mandatory: Advocating For A Watershed Approach To Zoning And Land Use In Ohio, Melanie Shwab Jan 2010

Crossing The Home-Rule Boundaries Should Be Mandatory: Advocating For A Watershed Approach To Zoning And Land Use In Ohio, Melanie Shwab

Cleveland State Law Review

This Article advocates that Ohio adopt a mandatory “watershed-approach” to land use planning and zoning throughout the state. Ohio should adopt this approach to increase water quality in the state by reducing nonpoint source pollution, achieve greater environmental regulation uniformity, and offset the unfettered zoning power of municipalities operating in the absence of a comprehensive plan.


The Public Trust Doctrine And The Great Lakes Shores, Kenneth K. Kilbert Jan 2010

The Public Trust Doctrine And The Great Lakes Shores, Kenneth K. Kilbert

Cleveland State Law Review

The shores of the Great Lakes may look serene, but they are a battleground. Members of the public enjoy using the shores for fishing, boating, birding, or simply strolling along and taking in the scenic vistas. Repeatedly, however, owners of land ordering the Great Lakes (i.e., littoral owners),' armed with deeds indicating they own the shore to the water's edge or even lower, have tried to stop members of the public from using their property above the water's edge. The right to exclude others from your property, the littoral owners argue, is one of the most important sticks in the …