Violation of Federal Law

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Is Your State in Violation Also?

Today I filed the attached petition to the US EPA.

Teresa Mills of CHEJ

This is a Petition filed by the undersigned, Teresa Mills of Grove City, Ohio, on behalf of herself and all residents across the State of Ohio, to request that the United States Environmental Protection Agency take action to avoid imminent public harm and to protect the public right-to- know arising from actions taken by the State of Ohio that are clearly unconstitutional under the Federal Supremacy Clause for violating the Emergency Planning and Community Right-to-Know Act of 1986 (“EPCRA”), Pub. L. No. 99-499, Title III, 100 Stat. 1728 (1986).

Ohio has been in violation of EPCRA since 2001 without any response to date from the United States. That violation was first created by the passage of House Bill 94, followed by the adoption of Ohio Revised Code (“ORC”) Section §3750.081 in September, 2001, that essentially exempts the oil and gas industry operating in this state from requirements under EPCRA requirement that facilities within those industries annually file emergency planning inventory forms with state and local emergency planning authorities. The violation was further compounded by passage of SB 315 in 2012, followed by the adoption of ORC Section §1509.10 (H) and (I), which divert trade secret determination authority from U.S. EPA and unduly restrict citizens’ ability to challenge trade secret claims.

You can read the petition here: Petition PDF