Delaware County Review

Congressmen Troy Balderson and Michael Rulli, alongside Senators Jon Husted and Bernie Moreno, have introduced legislation aimed at blocking a decision by the Biden Administration to reinstate Ohio's nuisance rule. This rule, originally established in the 1970s following the Clean Air Act, allows private citizens to sue companies for non-compliance with air quality standards if regulatory agencies do not act.

In 2020, under the Trump Administration, the Environmental Protection Agency (EPA) removed this rule from Ohio's State Implementation Plan (SIP), deeming it unnecessary for meeting federal air quality standards. The EPA had previously eliminated similar provisions in other states such as California and New York.

However, on his last days in office, President Biden's EPA moved to reinstate the rule. The newly introduced legislation seeks to reverse this through a Congressional Review Act joint resolution of disapproval.

Balderson criticized the reinstatement: "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." He expressed concerns that it would lead to frivolous litigation against Ohio businesses.

Husted also voiced opposition: “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.”

Rulli emphasized using the Congressional Review Act to dismantle what he sees as regulatory overreach: “We cannot allow attorneys and environmental advocacy groups to dictate federal policy at the expense of Ohio’s economy and workforce.”

Moreno accused Biden of trying "to turn Ohio into California by mandating outrageous new environmental standards."

Ryan Augsburger from The Ohio Manufacturers’ Association supported overturning the decision: “The reversal by the Biden administration on Ohio’s nuisance rule at the eleventh hour made Ohio an outlier.”

Jenn Klein from OCTC appreciated Congress's swift action against reinstating a repeatedly struck-down rule. Chris Jahn from ACC highlighted how burdensome regulations impact industry growth and job provision.

Additional support comes from House co-sponsors including Representatives Bob Latta, Mike Turner, Jim Jordan, Dave Joyce, Warren Davidson, Mike Carey, Max Miller, and Dave Taylor. The Ohio Chamber of Commerce has also called for rescinding this rule immediately.