On October 19, Ohio Attorney General (AG) Dave Yost filed a joint motion to enter into a consent order with two Columbus, OH properties, Garrison Southfield Park, LLC, and Olymbec USA LLC, settling claims that Garrison and Olymbec were in violation of Ohio’s hazardous waste pollution control laws. The consent order requires the two property owners to pay a $250,000 civil penalty and properly close the cleaned-up sites.

Background

Yost filed a complaint seeking injunctive relief and civil penalties against Garrison and Olymbec over hazardous glass that Closed Loop Refining and Recovery Inc. and Closed Loop Glass Solutions LLC allegedly accumulated at their properties from 2012 until 2016. According to the complaint, Closed Loop operated two glass recycling facilities at the Garrison and Olymbec properties from 2012 to 2016. At those two properties, Closed Loop took in lead-containing cathode ray tube (CRT) glass, purportedly to recycle and ship the materials off-site. However, by 2015, Closed Loop had amassed millions of pounds of the glass — which is a hazardous waste — without recycling or shipping the materials off-site. In 2016, Closed Loop suddenly ceased all operations at the properties, leaving behind intact CRTs and broken, lead-containing glass. At the written request of the director of environmental protection, the AG brought the action against Garrison and Olymbec, as well as the Closed Loop companies, to enforce Ohio’s hazardous waste laws under Ohio Revised Code Chapter 3734 and the rules adopted thereunder. The AG’s claims against the Closed Loop companies remain pending. Garrison and Olymbec are pursuing claims against dozens of potentially responsible parties over the hazardous waste, alleging Closed Loop ran a fraudulent recycling operation.

Consent Order

The consent order requires Garrison and Olymbec to fully comply with all of Ohio’s hazardous waste laws governing the operation of the two sites. The defendants have already prepared closure plans to address the violations alleged in the complaint, which will require approval by the Ohio Environmental Protection Agency (EPA). Within 30 days of receipt of notice of approval by the Ohio EPA, the defendants will be required to implement the plans, either as originally submitted, revised, or as revised and modified. The defendants will be required to amend the approved closure plans whenever (i) changes in operating plans or facility design impact the plans, or the expected year of closure changes; or (ii) if unexpected events occur when conducting partial or final closure activities that result in the need to modify the plans. Within 30 days of completion of closure, each defendant must submit a certification of closure to Ohio EPA, as well as a survey plat.

Why It Matters

Emphasis on the environment has been an emerging trend with state AGs over the past several years, particularly given the focus on environmental policy initiatives under the current administration. While prioritization of environmental protections has been most common among Democratic AGs, Republican AGs like Yost have demonstrated that AG actions in the environmental space do not always track party lines. With increased pressure to minimize environmental impact, companies should expect that state AGs from both parties will continue to pursue related issues and, accordingly, be mindful of environmental compliance.

Troutman Pepper State Attorneys General Team

	Ashley Taylor – Co-leader and Firm Vice Chair Ashley is co-leader of the firm’s nationally ranked State Attorneys General practice, vice chair of the firm, and a partner in its Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group. He helps his clients navigate the complexities involved with multistate attorneys general investigations and enforcement actions, federal agency actions, and accompanying litigation.
	Clay Friedman – Co-leader Clayton is a partner in the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group and co-leader of the State Attorneys General practice, multidisciplinary teams with decades of experience crafting effective strategies to help deter or mitigate the risk of enforcement actions and litigation.
	Judy Jagdmann Judy is a partner in the firm’s Regulatory Investigations, Strategy and Enforcement (RISE) practice, based in the Richmond office. She brings experience serving as chair and commissioner of the Virginia State Corporate Commission (VSCC) from 2006 through 2022, which includes regulating the utilities, insurance, banking, and securities industries. She also served as Virginia’s attorney general from 2005-2006.
	Stephen Piepgrass Stephen leads the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group. He focuses his practice on enforcement actions, investigations, and litigation. Stephen primarily represents clients engaging with, or being investigated by, state attorneys general and other state or local governmental enforcement bodies, including the CFPB and FTC, as well as clients involved with litigation, with a particular focus on heavily regulated industries.
	Avi Schick A former deputy attorney general of New York, Avi applies his experience in bet-the-company matters, representing clients in criminal and civil investigations and enforcement actions before state and federal regulators, prosecutors and enforcement agencies.
	Michael Yaghi Michael is a partner in the firm’s State Attorneys General and Regulatory Investigations, Strategy + Enforcement (RISE) Practice Groups, nationwide teams that advise clients on consumer protection enforcement matters and other regulatory issues.
	Tim Bado Tim is an associate in the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group, where he represents corporations and individuals facing potential civil and criminal exposure. Tim’s experience in government investigations, enforcement actions, and white-collar litigation spans a number of industries, including financial services, pharmaceutical, health care, and government contracting, among others.
	Chris Carlson Chris Carlson represents clients in regulatory, civil and criminal investigations and litigation. In his practice, Chris regularly employs his prior regulatory experience to benefit clients who are interacting with and being investigated by state attorneys general.
	Natalia Jacobo Natalia is an associate in the firm’s Regulatory Investigations, Strategy and Enforcement (RISE) practice. She focuses her practice on two primary areas: government contracting and state attorney general work.
	Namrata Kang Namrata (Nam) is an associate in the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group, based in the Washington, D.C. office. She routinely advises clients on a wide variety of state and federal regulatory matters, with a particular emphasis on state consumer protection laws relating to consumer financial services and marketing and advertising.
	Michael Lafleur Michael is an associate in the firm’s Regulatory Investigations, Strategy, and Enforcement Practice Group. Based out of the firm’s Boston office, Mike has deep experience in litigation, investigations, and other regulatory matters involving state-level regulators and state attorneys general.
	Susan Nikdel Susan is an associate in the firm’s Consumer Financial Services Practice Group, and focuses her practice on consumer financial services matters. She has defended several of the nation’s largest and most influential financial institutions in individual and class action litigation involving the Telephone Consumer Protection Act (TCPA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), and other consumer privacy statutes.
	John Sample John is an associate in the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group. He focuses his practice on a wide range of general and complex litigation matters, including shareholder disputes, fraud, products liability, breach of contract, and Biometric Information Privacy Act claims.
	Whitney Shephard Whitney is an associate in the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group. She represents clients facing state and federal regulatory investigations and enforcement actions, as well as related civil litigation.
	Trey Smith Trey is an associate in the firm’s Regulatory Investigations, Strategy + Enforcement Practice. He focuses his practice on helping financial institutions and consumer facing companies navigate regulatory investigations and resulting litigation.
	Daniel Waltz Daniel is a member of the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group and State Attorneys General team. He counsels clients in connection with navigating complex government investigations, regulatory compliance, and transactions, involving state and federal government contracting obligations. Drawing on his broad experience as a former assistant attorney general for the state of Illinois, Daniel is a problem solver both inside and outside the courtroom.
	Stephanie Kozol Stephanie is Troutman Pepper’s senior government relations manager in the state attorneys general department.