October 16, 2026
Court Rules Ohio’s Attempt to Eliminate Air Nuisance Rule Unconstitutional, Preserving Citizen Enforcement Rights
For Immediate Release:
October 16, 2026
Contact:
Karlena Wallace, Communications Director
media@theoec.org 614-487-7506
Court Rules Ohio’s Attempt to Eliminate Air Nuisance Rule Unconstitutional, Preserving Citizen Enforcement Rights
Columbus, Ohio — The State of Ohio and the Ohio EPA’s attempt to deny citizen enforcement of Ohio’s Air Nuisance Rule (“ANR”) and prohibit the use of community air monitoring to enforce that 50-year-old rule has been declared unconstitutional.
In a ruling issued October 14, Judge Julie Lynch of the Franklin County Court of Common Pleas held that the Ohio General Assembly’s use of the State’s 2025 Budget Bill to eliminate Ohio’s ANR was unconstitutional.
The ruling also blocks the Ohio EPA from continuing to use the unconstitutional “amendment” to the 2025 Ohio Budget Bill to ask the US EPA to remove the ANR from Ohio’s State Implementation Plan (SIP). Ohio’s Air Nuisance Rule makes it an unlawful act for any person or entity to cause air pollution in amounts that endanger public health, safety, or welfare. The ANR’s inclusion in Ohio’s SIP is what allows everyday Ohioans to sue polluters in court. The Ohio EPA must now withdraw its request to remove the Air Nuisance Rule from the SIP, allowing Ohioans to use it again to protect themselves and their loved ones from air pollution.
Franklin County Common Pleas Judge Julie Lynch’s ruling is based on her finding that the effort to scrap the ANR and ban the use of community air monitoring data for enforcement violates the Ohio Constitution’s “Single Subject Rule.” In its October 14, 2026, ruling, the court found that removing the ANR was not connected to agency appropriations or the state’s budget.
The Ohio Environmental Council, Sierra Club, SOBE Concerned Citizens, Freshwater Accountability Project, and Donna Ballinger had filed a lawsuit against the State of Ohio and the Ohio Environmental Protection Agency in October 2025, seeking to have the amendment declared unconstitutional to allow citizens to continue to enforce the ANR under the Clean Air Act citizen provision, and to continue to use community air pollution monitoring to enforce the ANR. The Court’s ruling achieves each one of the plaintiffs’ goals and confirms that the State’s actions violated Ohio’s Constitution.
The following quote can be attributed, in whole or in part, to Chris Tavenor, General Counsel for the Ohio Environmental Council (OEC):
“We are proud of our work alongside all the plaintiffs in this case to stop the General Assembly’s unconstitutional attempt to eliminate the rights of Ohioans to monitor air quality and fight polluters in court. The Court has made clear that the Ohio General Assembly cannot ignore the state constitutional mandate to follow the One Subject Rule, and we expect the Ohio EPA to follow the Court’s ruling with haste.”
The following quote can be attributed, in whole or in part, to Neil Waggoner, Midwest Beyond Coal Campaign Manager for the Sierra Club:
“The Court’s ruling supports what Ohioans already understood; the legislature’s underhanded bootstrapping of the repeal of the Air Nuisance Rule to the biennial budget should never have taken place. The repeal of the Air Nuisance Rule has never been popular nor justified, and the State of Ohio’s own records show it’s a critical tool the public and state agencies use to hold big polluters accountable. The Court’s ruling is clear, and the State of Ohio should move expeditiously to end the current repeal effort and should not take any further action to undermine the rule again.”
The following quote can be attributed, in whole or in part, to Lynn Anderson on behalf of SOBE Concerned Citizens:
“We are very thankful to our attorneys at Fair Shake Environmental Legal Services and all the other attorneys working on this matter for helping to get the air nuisance rule restored in Ohio and ensuring that the data collected by Ohio citizens can still be used in enforcement. These rules protect all Ohioans, and it is imperative they remain in place for future generations.”
The following quote can be attributed, in whole or in part, to Leatra Harper on behalf of the Freshwater Accountability Project:
“It is unfortunate that the powers-that-be in Ohio make it so difficult for the public to have the necessary means to protect our airshed and public health, but it is heartening to know that our court system saw through the legislature’s blatant attempt to take this away. After many years and much effort, our ability to protect ourselves has been restored, and we are hopeful this is the end to such attempts to increase corporate profits at the expense of our health.”
The following quote can be attributed, in whole or in part, to Dave Altman on behalf of Donna Ballinger, Plaintiff:
“It is amazing the extent that the State and those influencing the State are willing to go to take away a decades-old citizen enforcement right. If Ohio spent half that effort protecting those, like Donna, living near the fencelines of polluters, those Ohioans would live longer and have healthier, happier lives. Donna, Marilyn Wall and Donna’s legal team are gratified by the Court’s order.”
The following quote can be attributed, in whole or in part, to Miranda Leppla, Director, for the Case Western Reserve University School of Law Kramer Environmental Law Clinic:
“Lawmakers cannot use the state budget to bypass constitutional safeguards and strip Ohioans of tools to protect their health and communities. This ruling reinforces the importance of holding the government accountable and ensuring residents can document pollution and seek meaningful enforcement.”
Counsel from the Case Western Environmental Law Clinic, AltmanNewman Co. LPA, Fair Shake Environmental Legal Services, and the Ohio Environmental Council represent the parties.
The Ohio Environmental Council (OEC) protects the environment and health of all Ohio communities through legal and policy advocacy, decision-maker accountability, and civic engagement.
