Paul W. Casper, Jr.

Member
Cincinnati
T 513.651.6490
F 513.651.6981
3300 Great American Tower
301 East Fourth Street
Cincinnati, Ohio 45202

Paul has practiced law for nearly 30 years.  He founded Frost Brown Todd's environmental practice in 1989, serving as practice group leader and department chair for 20 years. Paul's national practice has been devoted principally to comprehensive environmental enforcement defense and counseling of numerous manufacturing and service industries, trade associations, lending institutions, hospitals, counties and municipalities. He has experience in virtually all areas of environmental law, plus extensive experience in defending federal and state EPA enforcement actions, environmental citizen suits, criminal prosecutions, and toxic tort litigation. Over the years, he has also done a considerable amount of environmental auditing, counseling, permitting, transactional, and facility siting work. Paul has long-standing representation of clients in the chemical, foundry, steel, metal finishing, glass, waste management, and pulp and paper industries. Clients find his science and engineering background a considerable asset.

Paul's practice now encompasses global climate change, renewable/alternative energy sources, and sustainability initiatives. He addressed these topics during a recent European seminar tour on "Doing Business in the United States," making presentations in Great Britain, Germany, and Scotland.

Experience

Counsel to the paper industry in its successful challenge of one of U.S. EPA’s first major water pollution rulemaking initiatives.

Instrumental in siting of the last landfill in Montgomery County, Ohio, defeating a challenge brought by local residents.

Successfully litigated first Ohio Clean Air Act New Source Review case on behalf of a major waste disposal company.

Defended Fortune 500 paper industry client whose landfill had been ordered closed by Ohio EPA. The landfill remained open until 11 years later when it reached full capacity. Litigation was threatened but never brought.

Successfully defended a citizens’ group appeal of a company’s permit to reclaim strip-mined land with paper mill sludge containing low levels of dioxin.

Instrumental in siting a new chemical plant in Wurtland, Kentucky, notwithstanding vigorous local opposition. The citizens' challenge collapsed when their motion to stay construction was denied.

Represented the Greater Cincinnati Chamber of Commerce as an amicus curiae before the Ohio Supreme Court, winning a landmark air permitting case against the Ohio EPA.

Defended a Fortune 500 steel company in an environmental citizen suit and toxic tort action brought in federal district court. Defeated the environmental claims on a motion to dismiss.

Led the efforts of an agri-business client in preventing the siting of a large aggregate mine on prime Ohio farmland. Got a temporary restraining order as the mining company's bulldozers were literally moving onto the property to break ground.

Defended a chemical industry client in a hazardous waste enforcement action where U.S. EPA sought a civil penalty in excess of $1.6 million. Settled the case for $64,000.

Defended a Fortune 500 steel company in a joint federal and state multi-media environmental enforcement action. The Sierra Club and the NRDC later intervened. Had all federal and state Clean Air Act claims against the company dismissed with prejudice. The United States also voluntarily dismissed its claim that the company had violated a unilateral RCRA order issued by U.S. EPA, an order that the Agency rescinded after the company challenged it in federal district court. This was the first time in its history that U.S. EPA rescinded a RCRA imminent and substantial endangerment order. The company also sued the State of Ohio and Ohio EPA in state court, seeking a declaration that it was not causing a public air nuisance. The court ruled in the company’s favor a year after the United States and the State of Ohio filed their federal lawsuit. As a result, the governments' air nuisance claims in the federal lawsuit were dismissed. Overall, the company avoided potential civil penalties in the range of $95 million.

Settled a landfill case for a railroad client for no civil penalty and an $85,000 remediation project. The government originally sought a civil penalty of $200,000 and a $350,000 clean up.

First attorney in Ohio to get a judicial consent order terminated over the objection of the Ohio Attorney General's office in an environmental enforcement case.

Forced U.S. EPA to withdraw a notice of violation that it had issued to a glass manufacturing client under the New Source Review provisions of the Clean Air Act. The government originally demanded $3 million of add-on pollution control equipment. The civil penalty exposure was in the range of $10 million.

Achieved a similar result in a U.S. EPA New Source Review case against a Fortune 500 paper company's Michigan mill. Potential liability exceeded $15 million in civil penalties alone.

Recently persuaded U.S. EPA, the Ohio EPA, and the U.S. Department of Justice to drop their criminal investigations of a hospital client and a local manufacturer of bio-fuel.

Military Experience, U.S. Army, 18th Airborne Corps

Highlights & Recognitions

  • American Spirit Honor Medal, U.S. Army, 18th Airborne Corps
  • AV® Preeminent™, Martindale-Hubbell®
  • Chambers USA® America's Leading Business Lawyers®- No. 1 ranking as a leader in the field of environmental law
  • The Best Lawyers in America® 2007-2012
  • Selected for inclusion in Ohio Super Lawyers® 2004-2012
  • Selected as one of the top 50 lawyers in Cincinnati

Memberships & Affiliations

  • Cincinnati Bar Association
  • Ohio Bar Association
  • American Bar Association

Civic & Charitable Organizations

  • Dayton Area Chamber of Commerce, Environmental Law Committee, Past Chair; Legislative and Governmental Affairs Committee, Past Chair
  • Cincinnati Area and Mid-Miami Valley Chambers of Commerce
  • Cincinnati Area United Way
  • Cincinnati Rotary Club

Published Articles & Seminars

"Doing Business in the United States"
European Seminar Series: Stuttgart Germany; Birmingham, England; Edinburgh, Scotland

Sky Radio
Featured Interview on Environmental Law

Dozens of publications and presentations for clients, chambers of commerce, bar associations, trade associations, environmental symposiums and business journals

"The Effect of Low Level Exposures of Carbon Monoxide on Red Blood Cell Chemistry,"
Journal of Applied Physiology

"State Ex Rel. Celebreezze v. National Lime and Stone Co.: Redefining Agency Deference in Ohio,"
Administrative Law Review, Marshall-Wythe School of Law, College of William & Mary

Co-author: The Art & Science of Environmental Law
Published by Aspatore Books

Other Contact Info

Assistant

Kathy Giglio
Email
T 513.651.6435
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