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Practices

Administrative Proceedings

Brouse McDowell’s attorneys regularly practice before a wide variety of federal, state, and local agencies, as well as various local boards and commissions. Our administrative law experience spans the full range of the firm’s practice areas. For example, our environmental attorneys regularly defend environmental enforcement actions before U.S. EPA and Ohio EPA administrative law judges, and handle challenges to Ohio EPA decision making before the Environmental Review Appeals Commission (“ERAC”).

In addition, our real estate attorneys handle a wide variety of real estate matters before local building departments, zoning commissions, and county boards of review. Our tax attorneys represent clients before the IRS, the state of Ohio Board of Tax Appeals, and county boards of review.

Brouse’s experience also extends to liquor law enforcement matters before the Ohio Liquor Control Commission on behalf of permit holders. In addition, we routinely assist and advise individuals and business owners in obtaining liquor permits from other individuals, entities, or directly from the State of Ohio Department of Commerce, Division of Liquor Control. Our Litigation group also has appellate experience in this area and has successfully appealed decisions from the Ohio Liquor Control Commission.

Effective and efficient handling of administrative law matters requires a mature understanding of current issues and directly relevant experience. Our business-focused attorneys bring a vast depth of knowledge to the administrative law matters they handle for their clients.

Representative Matters:

  • Successfully defended private developer in Rivers Unlimited v. Schregardus, a citizen’s action group challenge to Section 401 water quality certification before the Ohio Environmental Review Appeals Commission, enabling client to implement environmentally sound development plan involving relocating a stream, preserving and creating wooded wetlands, with creative solutions for storm water retention, on uniquely-situated property
  • Defended company and individual officers in U.S. EPA administrative proceedings before Administrative Law Judge
  • Represented major oil company before Ohio Environmental Review Commission to determine Ohio VAP eligibility for groundwater cleanup project
  • Represented major manufacturing company before Ohio Environmental Review Appeals Commission challenge to final Ohio EPA decision regarding remediation of former landfill
  • Represented municipality before Ohio Environmental Review Appeals Commission regarding grandfathering of Construction & Demolition Debris landfill
  • Successfully represented a national chain of convenience stores located throughout Ohio with regard to all aspects of its liquor permits, including applying for and receiving liquor permits, transferring permits, appearing before Ohio Liquor Control Commission to defend enforcement actions, and on appeal
  • Successfully defended municipality in zoning matter