Amoco Oil Co. v. Petroleum Underground Storage Tank Release Compensation Board

Nos. 99-1481, 99-1780 (736 N.E.2d 904) (Ohio August 30, 2000)

ELR Digest

The court upholds the validity of an Ohio state regulation that requires owners and operators of underground storage tanks (USTs) who wish to receive compensation from the state's UST fund to submit an eligibility application to the state UST compensation board within one year of the date that an accidental release of petroleum should be reported to the state fire marshal. The court first holds that the one-year time limit is necessary and appropriate for the administration of the fund. The information sought is time-sensitive, and it allows the board to better forecast its budget. The court next holds that the regulation does not conflict with or add to other provisions of the state's legislative enactment pertaining to the regulation of USTs. It merely provides a time limitation that is within the board's rulemaking authority. The court also holds that the time limit does not violate public policy, and that the one-year time limit is reasonable.

A dissenting judge would hold that the one-year limitations period exceeds the board's rulemaking authority because it is neither necessary nor appropriate.

The full text of this decision is available from ELR (7 pp., ELR Order No. L-271).

Counsel for Appellee
David S. Hoffmann
McMahon, DeGulis, Hoffmann & Blumenthal
The Caxton Bldg.
812 Huron Rd., Ste. 650, Cleveland OH 44115
(216) 621-1312

Counsel for Appellant
James Leo, Ass't Attorney General
Attorney General's Office
State Office Tower
30 E. Broad St., Columbus OH 43266
(614) 466-3376

[31 ELR 20093]

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]