March 3, 2025
“One of the Biden administration’s last acts was to punish Ohio by making our businesses targets for lawsuits that the EPA has explicitly barred in other states. I’ve introduced a resolution to reverse this bad-faith policy because it hurts Ohioans and does nothing to improve our air quality.”
WASHINGTON – Sen. Jon Husted (R-Ohio) and the delegation of Ohio Republicans today introduced a resolution under the Congressional Review Act to undo a midnight rule that the Biden Environmental Protection Agency (EPA) implemented to regulate Ohio’s air standards via its state implementation plan. The Biden EPA increased the regulatory burden on Ohio despite the inconsistency between this rule and the air quality rules that currently govern other states.
“One of the Biden administration’s last acts was to punish Ohio by making our businesses targets for lawsuits that the EPA has explicitly barred in other states. I’ve introduced a resolution to reverse this bad-faith policy because it hurts Ohioans and does nothing to improve our air quality,” said Husted.
Sen. Bernie Moreno (R-Ohio) cosponsored the resolution.
“Joe Biden spent four years trying to turn Ohio into California by mandating outrageous new environmental standards that would stifle businesses and kill jobs. I’m proud to join Senator Husted in beginning to roll back the Biden EPA’s egregious behavior,” said Moreno.
In 2020, the EPA maintained that Ohio’s nuisance rule—which limited the emission of dust, grime, dirt and odors that could create a nuisance—should not remain in place because the nuisance rule did not relate to achieving air quality benchmarks known as National Ambient Air Quality Standards. On Dec. 21, 2020, the EPA finalized a rule removing the nuisance rule that applied to Ohio.
Similarly, the EPA removed these nuisance rules from other state implementation plans in numerous states because they are unrelated to meeting air quality standards. The EPA also refused to allow other states to include such nuisance rules in their plans. These states include California, Kentucky, Georgia, Michigan, Minnesota, Nevada, New Hampshire, New York, Rhode Island and Wyoming.
The EPA under the Biden administration, however, later buckled under pressure from a lawsuit brought against Ohio businesses. On Feb. 22, 2024, the EPA surrendered to this impact litigation by issuing a proposed rule to reinstate the nuisance rule that targets Ohio’s air standards specifically.
EPA published the final rule punishing Ohio at the last possible moment—on Jan. 20, 2025.
Ohio state law currently allows residents to sue polluters in state court if they suffer from hazardous levels of pollution. As a result, undoing this Biden rule does not weaken the recourse Ohioans have if they are harmed by noxious air.
Reps. Troy Balderson (R-Ohio) and Michael Rulli (R-Ohio) are leading companion legislation in the House of Representatives. Reps. Warren Davidson (R-Ohio), Mike Turner (R-Ohio), Mike Carey (R-Ohio), Bob Latta (R-Ohio), Dave Taylor (R-Ohio), Dave Joyce (R-Ohio), Jim Jordan (R-Ohio) and Max Miller (R-Ohio) have also signed onto the resolution in the House.
“We cannot allow attorneys and environmental advocacy groups to dictate federal policy at the expense of Ohio’s economy and workforce. That’s why we must utilize the Congressional Review Act (CRA) to dismantle this egregious rule. This isn’t just about regulatory overreach, it’s about protecting Ohio jobs, businesses, and our state’s right to manage its own environmental policies without unnecessary federal interference. I want to thank Congressman Balderson for standing with me in this fight to push back against harmful federal overreach,” said Rulli
“President Biden’s eleventh-hour effort to reinstate the air nuisance rule as part of Ohio’s SIP was done solely to empower radical environmental activists as he walked out the door. This rule does nothing to enhance environmental protections or safeguard the health and well-being of Ohioans. Instead, it will allow Ohio businesses to be bogged down with frivolous litigation, discouraging investment in our state and driving quality jobs elsewhere. With over 686,000 employees and $52.6 billion in goods produced in 2023, Ohio’s manufacturing sector would be especially vulnerable [to] these weaponized lawsuits. I’d like to thank Congressman Rulli, Senators Husted and Moreno, and my fellow members of the Ohio delegation for joining this effort to stand up for Ohio workers and businesses,” said Balderson.
The Ohio Chamber of Commerce, the Ohio Manufacturers’ Association and the Ohio Chemistry Technology Council support this legislation.