WASHINGTON, D.C. – Congressmen Troy Balderson (OH-12) and Michael Rulli (OH-6), along with Senators Jon Husted (R-OH) and Bernie Moreno (R-OH), introduced legislation today to block a Biden Administration decision that would expose Ohio businesses to frivolous environmental lawsuits.
Ohio’s nuisance rule was originally put in place in the 1970s following the passage of the Clean Air Act as part of the state’s plan to enforce compliance with the National Ambient Air Quality Standards (NAAQS). Specifically, the rule allows private citizens to sue companies they believe are not in compliance if state and federal regulatory agencies fail to act.
In 2020, the Trump Administration correctly removed Ohio’s nuisance rule from the state’s State Implementation Plan (SIP) after the Environmental Protection Agency (EPA) determined it was unnecessary for the state to meet federally mandated air quality standards. The EPA had ample precedent for this decision, having removed similar nuisance provisions in other states, including California, Kentucky, Georgia, Michigan, Minnesota, Nevada, New Hampshire, New York, Rhode Island, and Wyoming.
On one of his final days in office, President Biden’s EPA moved to reinstate the rule. This legislation would rescind the rule through a Congressional Review Act (CRA) joint resolution of disapproval.
“President Biden’s eleventh-hour effort to reinstate the air nuisance rule as part of Ohio’s SIP was done solely to empower radical environmental activists as he walked out the door,” said Balderson. “This rule does nothing to enhance environmental protections or safeguard the health and well-being of Ohioans. Instead, it will allow Ohio businesses to be bogged down with frivolous litigation, discouraging investment in our state and driving quality jobs elsewhere. With over 686,000 employees and $52.6 billion in goods produced in 2023, Ohio’s manufacturing sector would be especially vulnerable these weaponized lawsuits. I’d like to thank Congressman Rulli, Senators Husted and Moreno, and my fellow members of the Ohio delegation for joining this effort to stand up for Ohio workers and businesses.”
“One of the Biden administration’s last acts was to punish Ohio by making our businesses targets for lawsuits that the EPA has explicitly barred in other states,” said Husted. “I’ve introduced a resolution to reverse this bad-faith policy because it hurts Ohioans and does nothing to improve our air quality.”
“We cannot allow attorneys and environmental advocacy groups to dictate federal policy at the expense of Ohio’s economy and workforce,” said Rulli. “That’s why we must utilize the Congressional Review Act (CRA) to dismantle this egregious rule. This isn’t just about regulatory overreach, it’s about protecting Ohio jobs, businesses, and our state’s right to manage its own environmental policies without unnecessary federal interference. I want to thank Congressman Balderson for standing with me in this fight to push back against harmful federal overreach.”
“Joe Biden spent four years trying to turn Ohio into California by mandating outrageous new environmental standards that would stifle businesses and kill jobs,” said Moreno. “I’m proud to join Senator Husted in beginning to roll back the Biden EPA’s egregious behavior.”
“The joint CRA introduced today to overturn the Environmental Protection Agency’s recent decision to reinstate Ohio’s nuisance rule is a move to return Ohio’s regulatory environment to one of consistency and fairness, allowing Ohio to continue to manage its own policies without federal overreach,” said Ryan Augsburger, President of The Ohio Manufacturers’ Association. “The reversal by the Biden administration on Ohio’s nuisance rule at the eleventh hour made Ohio an outlier, giving our state inconsistent treatment under the Clean Air Act and exposing our manufacturers to an unprecedented wave of costly federal lawsuits. The OMA thanks you for your leadership in ensuring that Ohio’s businesses are not unfairly burdened by federal overreach.”
“We commend Congressman Balderson and our Ohio congressional leaders for pushing back on the previous administration’s last-minute decision to reinstate the nuisance rule,” said Jenn Klein, President of the Ohio Chemistry Technology Council (OCTC). “This rule has been repeatedly struck down in other states for good reason. By acting swiftly, our leaders in Congress are helping Ohio businesses continue to grow and thrive.”
“ACC and our members would like to thank Senators Moreno and Husted and Congressmen Balderson and Rulli for their hard work to overturn EPA’s decision to reestablish Ohio’s nuisance rule,” said Chris Jahn, President and CEO of the American Chemistry Council. “As the 4th largest manufacturing industry in Ohio and providing more than 40,000 direct jobs, we are vital to the state’s economy. Burdensome regulations on the state and federal level can greatly impact our industry’s ability to operate and grow facilities and continue to provide high-paying jobs. It is not lost on ACC that Ohio was singled out by the previous administration’s EPA, providing regulatory relief to other states while attacking Ohio businesses. Our members believe in being good stewards to the environment and human health, which is why ACC has implemented and continued to work on our Responsible Care program, resulting in a reduction in Tier 1 process safety events by 19% in the last year. We urge the Congress and Senate to quickly act on this CRA to ensure Ohio businesses are not unfairly subjected to this additional regulation.”
The Biden Administration’s reinstatement of the rule now permits litigation to take place in federal court, allowing the plaintiffs’ attorneys to recoup fees that they would not otherwise be able to in state court.
Additional House co-sponsors include Representatives Bob Latta (OH-5), Mike Turner (OH-10), Jim Jordan (OH-4), Dave Joyce (OH-14), Warren Davidson (OH-8), Mike Carey (OH-15), Max Miller (OH-7), and Dave Taylor (OH-2).
The Ohio Chamber of Commerce has also urged for the immediate rescission of the Ohio nuisance rule.
Full text of the resolution can be found HERE.
