Last week, The OMA, together with a coalition of business groups, filed a petition for review with the Sixth Circuit Court of Appeals challenging the U.S. EPA’s final rule that re-inserts the nuisance rule back into Ohio’s state implementation plan (SIP). The rule, promulgated pursuant to the Clean Air Act, was finalized in the final days of the Biden Administration.

The OMA has long championed the removal of the nuisance rule from the SIP, which has already occurred in numerous other states. The presence of the nuisance rule in Ohio’s SIP opens Ohio manufacturers up to citizen suits led by plaintiffs’ attorneys based on vague nuisance claims, even in instances where the facility is in compliance with its permit limits, placing Ohio manufacturers at a competitive disadvantage. 3/17/2025