13 ELR 20466 | Environmental Law Reporter | copyright © 1983 | All rights reserved

Claremont Environmental Reclamation Co. v. Wiederhold

No. 82-280 (442 N.E.2d 1278, 2 Ohio St. 3d 44) (Ohio December 15, 1982)

ELR Digest

The Ohio Supreme Court rules constitutional a state hazardous waste siting law that preempts local zoning or prohibition of disposal sites. Appellants, trustees of a non-home rule township, argue first that the law cannot apply to home rule governments because the law encroaches on powers reserved to such governments in the state constitution. Appellants then argue that because the law applies only to non-home rule governments, it will not have uniform operation throughout the state as required by the state constitution.

The court rules that the siting preemption is part of a general hazardous waste law that deals comprehensively with a statewide concern. Such a law may constitutionally encroach upon home rule powers. Because the law will apply equally to home rule and non-home rule governments, it is constitutional. The court distinguishes Garcia v. Siffrin, a recent Ohio Supreme Court case relied on by appellants, because the law challenged in Garcia expressly and arbitrarily exempted a class of local governments, while the law appellants challenge has no express exemptions.

A concurring opinion would overrule Garcia.

The full text of this opinion is available from ELR (7 pp. $1.50, ELR Order No. C-1300).

Counsel for Appellants
George E. Pattison, Ass't Cty. Prosecutor
462 Main St., Batavia OH 45103
(513) 732-7313

Robert A. Jones
154 Main St., Batavia OH 45103
(513) 732-1900

Counsel for Appellees
Arnold Morelli
Bauer, Morelli & Heyd
1029 Main St., Cincinnati OH 45202
(513) 241-3676

Counsel for Amicus Curiae
William J. Brown, Attorney General; Terrence M. Fay
30 E. Broad St., 17th Floor, Columbus OH 43215
(614) 466-3376

Holmes, J.


13 ELR 20466 | Environmental Law Reporter | copyright © 1983 | All rights reserved