Posts Written By: Scott Doran

Ohio Appeals Court Upholds Personal Liability for $4.7 Million Penalty

C&D Disposal Technologies, LLC (“C&D Disposal”) operated a construction and demolition debris landfill in southeastern Ohio. The landfill had a difficult operating history, allegedly accepting illegal solid waste and used tires, being filled beyond its permitted capacity, and a host of other alleged violations. After a trial on the merits, the trial court found C&D […]

Corporate Officer Found Personally Liable for Ohio Asbestos Abatement Violations

In connection with the demolition of a defunct Ohio steel mill, Arthur David Sugar, Sr., the sole shareholder of a company called Honey Creek Consulting Company, Inc., was found personally liable for the actions of both Honey Creek and asbestos remediation contractors hired by Honey Creek resulting Mr. Sugar being jointly and severally liable for […]

U.S. Fish and Wildlife Service Proposed Rule Recognizes Important Role for Mitigation Banking

Late in 2015, the Obama Administration issued a Presidential Memorandum directing various federal agencies to incorporate resource mitigation banking into the programs administered by these agencies (see related blog post). On Tuesday, March 8, 2016, the U.S. Fish and Wildlife Service (the “Service”) issued a proposed revision to its mitigation policy applicable to all Service […]

Low Oil Prices + the Impact on Oil and Gas Law: What to Expect in 2016

As the global price of oil has continued to decrease, the oil and gas industry has experienced some significant collateral damage. In 2015, several big industry players, including Quicksilver Resources, American Eagle Energy, Sabine Oil & Gas, Hercules Offshore, Milagro and Saratoga Resources filed for Chapter 11 bankruptcy. Magnum Hunter Resources, Corp., one of Ohio’s […]

An Oil and Gas lease IS a Title Transaction: the Ohio Supreme Court decides Chesapeake v. Buell

On November 5, 2015, the Ohio Supreme Court issued its opinion in the Chesapeake Exploration, L.L.C. v. Buell1 case. The Buell case arose before the court upon the request of the U.S. District Court for the Southern District of Ohio to certify two questions of Ohio law: (1) is the recorded lease of a severed […]