Ohio EPA Dodges City’s Ammonia Air Pollution Suit With Dismissal

The Ohio Environmental Protection Agency and federal EPA escaped a city’s suit over ammonia pollution from a digestate storage tank, with a federal court’s dismissal of the claims.

Fairborn, Ohio, and Bath Township, Ohio, sued the state and federal EPAs, alleging that agencies failed perform duties in connection with permitting and regulating ammonia emissions from the tank, which spews toxins and pollutants into the air. The waste site is used by Dovetail Energy LLC and Renergy Inc. to produce electricity at their facility.

The Ohio EPA contended that Sixth Circuit precedent forbids citizens from bringing the suit, because the suit ...