Featured Cases

  • Jones v. Inmont, (S.D. Ohio 1984) – secured a first-time ruling that private citizens adversely affected by pollution could obtain relief under CERCLA and under the Imminent Hazard provision of RCRA. The court’s decision led to the U.S. Congress legislatively adopting the imminent hazard provision as a direct part of the RCRA citizen suit provision and opened the field of private cost recovery;
  • Neighbors Opposing Pit Expansion (N.O.P.E. 1986) – negotiated a community-wide settlement of a fly ash disposal dispute in Pierce Township, Ohio;
  • CCHD v. Sterling Drug, (1986) – joined OAG in negotiating consent decree under state citizen suit law to require cleanup of old Hilton Davis property in Hamilton County, Ohio;
  • Hopkins v. Elano Corporation, et al. (S.D. Ohio 1988) – obtained relief for area residents with contaminated drinking water wells and obtained citizen oversight under a federal consent decree;
  • St. Bernard v. Phthalchem, Inc. (S.D. Ohio 1989) and State of Ohio and St. Bernard v. Phthalchem, Inc. - enforced the Clean Air Act and RCRA to end air violations and clean up groundwater contamination - also obtained direct oversight rights for the City of St. Bernard;
  • Buchholz v. Dayton International Airport (S.D. Ohio 1994) – enforced the Clean Water Act on behalf of area residents by obtaining an injunction;
  • CF/Water v. Schregardus, et al. (ERAC 1996) – litigated the overturning of Ohio EPA’s permit decision for Danis’ Clarkco Landfill on behalf of community-based environmental organization;
  • Hertzler v. Vernay Laboratories, (S.D. Ohio 1999) – obtained federal consent decree relief for widespread groundwater contamination as well as water and air pollution violations on behalf of neighboring residents;
  • United States of America, et al. v. Board of County Commissioners of Hamilton County, Ohio, et al. (S.D. Ohio 2002) – obtained relief for citizen plaintiffs resulting in improvements to consent decrees, including a first of its kind Water-in-Basement Program;
  • Barbara Fisher v. Perma-Fix of Dayton, Inc. (S.D. Ohio 2004) – obtained federal Consent Decree under the Clean Air Act in joint enforcement action with United States Department of Justice and obtained supplemental agreement providing for citizen oversight of implementation of that Consent Decree;
  • Sierra Club v. Board of County Commissioners of Hamilton County, Ohio (6th Cir. 2005) – litigated to obtain a ruling that found that citizen plaintiffs who secure substantial benefits to the public are prevailing or substantially prevailing parties even though they were not parties to the consent decree that settled the case.