Local & State
Ohio judge strikes down legislature’s repeal of Air Nuisance Rule
PN Team • 2 weeks ago
A Franklin County Common Pleas judge has ruled that Ohio lawmakers acted unconstitutionally when they used a budget bill to eliminate the state's Air Nuisance Rule, which lets residents sue polluters for violations of the federal Clean Air Act. Judge Julie M. Lynch found the provision, along with a related restriction on using low-cost air monitors for evidence, violated Ohio's one-subject rule for legislation, rejecting the state's argument that eliminating the rule would meaningfully affect the budget. Environmental groups including the Ohio Environmental Council and Sierra Club had sued over the changes. The ruling reinstates protections for "fenceline" communities near polluters, though lawmakers could still attempt repeal through a constitutional process.
Sources:
Sentiment
- Ohio Ohio's legislature is portrayed negatively for acting unconstitutionally, though the state itself is mostly a neutral geographic reference.