Agenda

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8:00 – 8:30 am EDT
First Section
8:30 – 10:30 am EDT
Second Section
11:00 am – 1:00 pm EDT
Third Section
1:30 – 3:30 pm EDT

 

Agenda
Development of Water Laws: Quantity, Quality and Usage                                  J. Heer
Development of the common law of water rights
Statutory and regulatory limits on the exercise of water rights
Federal, state and local regulators
Development of the law on water quality preservation
Comprehensive water planning

Current Issues with the Clean Water Act and Emerging Issues              C. Budzynski

Understanding Ohio Surface Water and Groundwater Rights                       B. Barger
Rights to Ohio surface waters
• Ownership of surface water
• Regulation of surface water rights
• Obtaining surface water rights
• Application and permitting process
• Amending surface water rights
• Current issues in surface water rights
Rights to groundwater
• Ownership of groundwater
• Regulation of groundwater rights
• Obtaining groundwater rights
• Application and permitting process
Current issues in groundwater rights

Water Utility Regulation                                                                                              D. O’Toole
Types of water utilities
Regulation of utility service areas
Application and permitting process for service areas
Current issues in utility service area regulation

Wetlands Law and Compliance                                                                                 C. Paschke
Wetland delineation
Wetland benefits and ecological services
Federal and state laws and regulations
Wetland permitting process in Ohio

 

 Webinar Instructions

Each webinar session earns continuing education credit and can be registered for individually. All attendees must log-on through their own email – attendees may not watch together if they wish to earn continuing education credit. HalfMoon Education Inc. must be able to prove attendance if either the attendee or HalfMoon Education Inc. is audited.

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Credits

Ohio Attorneys
6.0 General CLE Hours

Engineers & Geologists
6.0 PDHs

Certified Planners
CM|6

Floodplain Managers
6.0 ASFPM CECs

 

Continuing Education Credit Information
This webinar is open to the public and offers 6.0 general CLE hours to Ohio attorneys and 6.0 PDHs to professional engineers and geologists.

The Supreme Court of Ohio Commission on Continuing Legal Education has approved this webinar for 6.0 general CLE hours.

Ohio’s State Board of Registration for Professional Engineers and Surveyors does not pre-approve continuing education providers or activities. However, to the best of our knowledge, this course/activity meets the continuing education requirements to offer 6.0 PDHs to Ohio engineers.

This course offers a non-credit continuing education opportunity to Ohio geologists.

HalfMoon Education is an approved CM Provider with the American Planning Association. This course is registered for CM | 6 for Certified Planners.

This webinar has been approved by the Association of State Floodplain Managers for 6.0 CECs for floodplain managers.

Attendance will be monitored, and attendance certificates will be available after the webinar for those who attend the entire course, respond to prompts, and score a minimum 80% on the quiz that follows the course (multiple attempts allowed).

Speakers

Brian Barger

Eastman & Smith LTD
Mr. Barger’s practice focuses on environmental, land use, natural resources, regulatory, and zoning law. He has experience representing clients both in court and before administrative agencies such as the Ohio EPA and the Ohio Department of Natural Resources. Prior work experience includes employment by companies in the mining and gas industries. Mr. Barger is a member of the National Stone Sand & Gravel Association’s Council of Counsels, the Ohio Aggregates and Industrial Minerals Association, the Ohio Farm Bureau’s Healthy Water Ohio work group, the Ohio Forestry Association, the Ohio Water Resources Advisory Group and the American, Ohio State and Columbus Bar Associations.

Cheri A. Budzynski

Shumaker
A management-side attorney for more than 10 years, Ms. Budzynski counsels clients on day-to-day environmental compliance and other administrative issues at their facilities. Clients draw on the fact she frequently works with Ohio Environmental Protection Agency (EPA), U.S. EPA, and the Ohio River Valley Water Sanitation Commission regarding environmental regulations, thus allowing her to effectively and efficiently advise clients on regulations on both the state and federal levels. She has sought changes to regulations that impact business by providing input to regulatory agencies and, if necessary, appealing the regulations.

John Heer

Fair Shake Environmental Legal Services
Mr. Heer has almost 30 years of experience practicing litigation, transactional, regulatory and environmental law, including experience with traditional environmental issues relating to the Clean Water Act, Resource Conservation and Recovery Act (RCRA), the Clean Air Act, the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, the Rodenticide Act (FIFRA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), brownfields, wetlands and stormwater. He also has experience across North America with sustainability and chemical management. He is also a certified ISO 14001:2004 EHS auditor. Mr. Heer earned his J.D. degree, cum laude, from Case Western Reserve University School of Law, where he earned the Lewis F. Powell, Jr. Excellence in Advocacy Award on the National Mock Trial team. He received a B.A. degree in Criminal Justice and Psychology from Indiana University.

Dennis O’Toole

O’Toole McLaughlin Dooley Pecora
Mr. O’Toole is a trial lawyer and senior partner of the law firm O’Toole, McLaughlin, Dooley & Pecora Co., LPA and he has been in practice for 47 years. He has handled a wide variety of civil cases as part of a multi-state practice based on Northern Ohio, concentrating his practice in civil litigation and public sector law, with particular emphasis on water rights litigation, matters involving employment issues, and environmental disputes. He is general counsel for a number of regional rural water authorities, including Northern Ohio Rural Water, Jefferson County Water and Sewer District, and Lorain County Rural Waste Water District. Mr. O’Toole also serves as general counsel for the Ohio Rural Water Association and works with many rural water associations and their general counsel throughout the United States. Mr. O’Toole is recognized as a national authority on 1926(b) litigation under the Consolidated Farm and Rural Development Act of 1961, and he frequently lectures on the subject throughout the United States. He also serves as special counsel to numerous municipalities and counties throughout Ohio and also to regional water and sewer districts throughout the United States.

Cynthia Paschke

Land Solutions, LLC
Ms. Paschke is a principal at Land Solutions, LLC with a focus on environmental resource studies and permitting related to a variety of land development transportation, and infrastructure projects. Ms. Paschke is a senior environmental scientist with a demonstrated history of working in the environmental consulting industry. Skilled in water resource management, environmental awareness, stream restoration, wetlands, permitting and regulatory compliance and NEPA. Ms. Paschke is a strong technical and research professional with a masters of education (M.Ed.) degree focused in Natural Resources Conservation and Research from Gannon University.