October 24, 2025
Ohioans and Environmental Organizations File Lawsuit Challenging Constitutionality of Air Pollution Amendment in State Budget
For Immediate Release:
October 31, 2025
Contact:
Karlena Wallace, Communications Director
media@theoec.org 614-487-7506
Ohioans and Environmental Organizations File Lawsuit Challenging Constitutionality of Air Pollution Amendment in State Budget
Columbus, OH — On Thursday, October 30th, the Ohio Environmental Council, Sierra Club, SOBE Concerned Citizens, Donna Ballinger, and the Freshwater Accountability Project filed a lawsuit against the State of Ohio and the Ohio Environmental Protection Agency. Their complaint alleges that select sections of H.B. 96, Ohio’s state budget passed this summer, violate the One-Subject Rule of the Ohio Constitution.
The Ohio General Assembly snuck anti-environment provisions into H.B. 96 at the last minute that removed important protections for Ohioans who want to file complaints against polluters while taking away Ohioans’ ability to protect themselves using community air monitoring data. These statutory changes have no relationship to Ohio’s budget and thus violate the Ohio Constitution’s requirement that all legislation include only one subject.
Key Facts about the Unconstitutional Provisions
- H.B. 96 created R.C. 3704.0310, which requires the Ohio EPA to repeal the Air Nuisance Rule provisions of its Clean Air Act State Implementation Plan.
- The Air Nuisance Rule has historically provided an enforcement mechanism for Ohioans to hold polluters accountable for their nuisance pollution impacting fenceline communities.
- H.B. 96 also amended R.C. 3704.01, among other provisions, prohibiting the Ohio EPA from relying on “community air monitoring,” data collected by community members using community air monitors installed throughout their community to protect them from air pollution.
- Together, these provisions form the Air Pollution Amendment to H.B. 96, which does not include any appropriations or language relevant to Ohio’s state budget.
Counsel from the Case Western Reserve University Environmental Law Clinic, AltmanNewman, Fair Shake Environmental Legal Services, and the Ohio Environmental Council represent the parties.
Relevant Documents
- Complaint, filed in Franklin County Court of Common Pleas
- Motion for Preliminary Injunction, filed in Franklin County Court of Common Pleas
- Comments of parties regarding the rescission of the Air Nuisance Rule, submitted to the Ohio EPA on October 6, 2025
The following quote can be attributed, in whole or in part, to Neil Waggoner, Midwest Beyond Coal Campaign Manager for the Sierra Club:
“Ohio’s Air Nuisance Rule has been a critical tool for the public to hold polluters accountable for decades. There has been strong opposition to efforts to roll this rule back for years, which might be part of the reason why the legislature snuck it into the budget bill and conducted no public debate on their scheme. The legislature’s action was not just a violation of the single subject rule; it’s a violation of the public trust and seeks to further violate our rights to take action to protect our communities from polluters.”
The following quote can be attributed, in whole or in part, to Fair Shake Environmental Legal Services:
“At Fair Shake, we believe that everyone should have the right to make decisions about the air, water, and land where they live. This unconstitutional attack attempts to strip Ohioans of their ability to hold polluters accountable through public monitoring and the courts. That is why we are proud to join this lawsuit alongside the Case Western Environmental Law Clinic, the Ohio Environmental Council, and Altman Newman.”
The following quote can be attributed, in whole or in part, to Leatra Harper on behalf of Freshwater Accountability:
“At the behest of industry, the Ohio legislature took away the Air Nuisance Rule that has been available for over fifty years to residents seeking protection from harmful air pollution. The people need this rule, and its removal harms the ability of everyday Ohioans to protect themselves from toxic air pollution. This is another example of some legislators in Ohio caring more about protecting polluters than protecting Ohioans.”
The following quote can be attributed, in whole or in part, to Lynn Anderson on behalf of SOBE Concerned Citizens:
“The Ohio legislature needs to provide stronger protections for the citizens of Ohio against toxic air pollution in the form of stricter regulation, monitoring, and remediation. By taking away the Air Nuisance Rule and community monitoring provisions, however, they are weakening our existing protections and leaving Ohio communities harmed by toxic air pollution behind.”
The following quote can be attributed, in whole or in part, to Dave Altman of AltmanNewman Co. LPA:
“If this illegal action by the State is not corrected, you will still be free to defend your property with firearms, but not with air monitors.”
The following quote can be attributed, in whole or in part, to Chris Tavenor, General Counsel for the Ohio Environmental Council (OEC):
“The Ohio General Assembly has once again violated the Ohio Constitution by slipping substantive provisions into its budget bill that have nothing to do with the state budget. This action, on its own, needs to be called out as unconstitutional. But the impact it has on Ohioans seeking to protect their communities from air pollution is just as harmful. The General Assembly should be applauding Ohioans who gather data about air pollution and use it to hold polluters accountable, rather than punishing them.”
The following quote can be attributed, in whole or in part, to Miranda Leppla, Director of Case Western Reserve University Environmental Law Clinic:
“Everyday Ohioans merely trying to protect themselves and their loved ones from dangerous air pollution have been robbed of the ability to do so through a violation of a basic tenant of Ohio’s Constitution—that Ohioans should be able to advocate for or against legislation that they care about. These Plaintiffs aim to restore Ohioans’ ability to remedy air pollution impacting their families and to remind the Ohio Legislature that they serve the people, not polluters.”
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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.
