Frank J. Reed, Jr.
Frank is a member of Frost Brown Todd in the firm's government services and environmental practice groups. He focuses his practice on environmental litigation, compliance, and regulation as well as transportation issues with a concentration on matters involving air, water, solid waste, hazardous waste and underground storage tanks. His government services practice is focused on administrative and regulatory appeals. Frank is a veteran government and administrative law practitioner, having worked inside and outside of government where he has appeared before various state agencies.
Frank has been in private practice since 2003, and prior to that spent 13 years in public service, serving under two Governors and for eight years as an Assistant Attorney General. During his tenure in the Ohio Attorney General's office, he served as the chief of three separate sections responsible for representing several different state agencies including the Ohio Environmental Protection Agency, Ohio Department of Natural Resources, the Ohio Department of Transportation, the Ohio Rail Development Commission, and the Bureau of Underground Storage Tank Regulations. Prior to that, Frank served as the Associate Counsel for the Central Ohio Transit Authority in Columbus, Ohio. Frank has served several years on the Franklin County Republican Party’s Central Committee, has served three terms on the Judicial Screening Committee and as an advisor to several statewide elected officials.
Frank's environmental practice represents small and large businesses, port authorities, municipalities, counties, carriers, shippers, and consignees in the area of transportation, environmental, and regulatory compliance and defends companies against environmental enforcement activities initiated by Ohio EPA or U.S. EPA. He also represents companies which are the subject of governmental audits or investigations. He helps companies avoid civil penalties through Ohio's Voluntary Actions Program or by engaging Supplemental Environmental Projects. His clients have industry experience in the areas of wireless communication, cellular tower aviation clearance, real estate planning and development, manufacturing, chemicals, hazardous materials, construction, foundries, solid waste disposal, scrap tires, medical and infectious waste, construction and demolition and debris disposal, and used oil recycling. He has represented clients regarding truck spills; environmental contamination; remediation; and hazardous waste management, transportation, and storage.
Frank handles cases in state and federal court, administrative appeals before the Ohio Environmental Review Appeals Commission, as well as before Ohio EPA or U.S. EPA and rail cases before the U.S. Surface Transportation Board. He assists clients handling diverse issues including asbestos, mold, radon, septic systems, underground wells, indoor air toxins, wetlands, and best management practices to handle hazardous materials.
For the last several years, Frank has served as special counsel to the Ohio Attorney General and appointed to represent the Ohio Department of Transportation on the Brent Spence Bridge, to represent the Ohio Department of Natural Resources on flood litigation, and to represent the Public Employee Retirement System and the Ohio Bureau of Workers’ Compensation in national litigation.
Highlights & Recognitions
- Selected for inclusion in Ohio Super Lawyers® Rising Stars®, 2005-2007
- Listed in Forty Under 40, Columbus Business First, 2004
Memberships & Affiliations
- Ohio State Bar Association, Environmental Law and Government Agency Committees, Former Member of Council of Delegates
- Columbus Bar Association, Past Chair of Environmental Law and Government Agency Committees, Former Board Member
- Franklin County Republican Party Central Committee, Member
- National Association of Industrial and Office Properties (NAIOP), Member
- Ohio Environmental Services Industries, Member
- Central Ohio Certified Hazardous Materials Managers Association, Member
- Columbus Chamber of Commerce, Transportation Logistics Council, Member
- Ohio Chamber of Commerce, Energy & Environment Committee, Member
- Air & Waste Association, Northeast Chapter, Member
- Transportation Lawyers Association, Member
- New Ohio Senate Bill seeks to severely limit the use of traffic cameras
- Recent case reminds lenders of the risks in managing a workout of an environmentally distressed property
- Ohio Supreme Court Decides When a Local Board of Health Rules a License Application is not Complete, the Landfill Cannot Appeal that Decision
- New Lead Paint Rules on Renovation and Repair to Housing, Child-Care Facilities, and Schools Effective April 22, 2010
- New Federal Court Ruling in Ohio Will Impact Businesses that Need Permits for Small Air Emission Sources
Civic & Charitable Organizations
- Bexley Lions Club, Past President, Melvin Jones Fellow
- Bexley Education Foundation, Board of Directors, Former Vice-Chair
- St. Catharine's Catholic Church, Parishioner
- Columbus Bar Association, Past Board of Governors
Non-FBT Publications and Events
“Local Government Law from State to Finish: Government Attorney Ethics - Protect your Client and Yourself”, November 3, 2017.
“Local Government Law from Start to Finish: Sign and Billboard Law: Balancing Regulatory Concerns and Constitutional Freedoms”, November 3, 2017.
“Land Use, Zoning, and Development. Getting Government Approvals. How to Get Key Environmental Permits”, November 9, 2017.
“Wetland Laws and Compliance in Ohio”, Crowne Plaza Columbus North, Worthington, July 28, 2017.
Ohio Municipal League. Ohio Municipal Attorney Association 2017. Municipal Law Institute. “What City and Village Attorneys needs to know about this year about Ohio EPA and the Clean Water Act”, July 27, 2017.
“Ultimate Guide to Commercial Real Estate Law: Minimizing Environmental Liabilities in Commercial Real Estate Transactions”, Fairfield Inn & Suites Columbus Polaris, April 26, 2017.
Joint Meeting of the Ohio County Commissioner Association and the County Engineer Association. "The Law on Utility Relocation During a Road Widening Project", December 6, 2016.
“The Law on Utility Relocation During a Road Widening Project”, Ohio Technical Engineering Conference, sponsored by the Ohio Department of Transportation, October 26, 2016.
“Land Use Law: Environmental Considerations”, National Business Institute, November 15, 2016.
‘Finding Solutions to Improve Flows and Water Quality Through Coordinated Water Drainage Management. Drainage Law in Ohio”, Sponsored by the Nature Conservancy, June 16, 2016.
Ohio Prosecuting Attorney Association. “What County Prosecutors need to know about Ohio law requiring a public utility to re-locate utility poles during a road widening project. Link v. Cleveland Electric Illuminating Co., Ohio Supreme Court, Case No. 2016-Ohio-5083”, June 10, 2016.
March 10, 2015. Ohio County Engineer Association Winter Conference. Proposed Modifications to the 401 Water Quality Certification Standards for Nationwide Permits.
May 8, 2015. Ohio Township Association Conference. Drainage Law in Ohio. Jurisdictional Waters of the State of Ohio/Conducting activity without a permit, Mitigation/Restoration/After-the-Fact Permit, Inspections, Violations, Penalties, Director’s Final Findings of Facts and Orders, Referral to the Ohio Attorney General’s office/Consent Order, U.S. Army Corps of Engineers, Cease and Desist Order/Notice of Violations, Temporary Restraining Order/Preliminary Injunction.
October 29, 2015. Municipal Finance Officers Association of Ohio Annual Conference. On Open Meetings Law Update and Public Records.
October 21, 2015. Local Government Law CLE sponsored by National Business Institute. An update for governmental practitioners: Public Records, Attorney-Client Privilege v. Public Communications, Conflicts of Interest, Whistle blowing in Ohio, and Representing client after public service.
June 21, 2014. Delivered speech to Ohio Prosecuting Attorney Association. Toledo Edison Company v. Defiance County Board of Commissioners, Third District Court of Appeals, Case No. 4-13-2004, Decided December 9, 2013, affirmed by the Ohio Supreme Court, April 23, 2014, Case No. 2014-0111.
September 16, 2014. Delivered speech to group of developers, consultants, and other interested parties on “Wetland Regulation in Ohio.”
October 28, 2014. Delivered speech to group of engineers at the Ohio Transportation Engineering Conference (“OTEC”) on Drainage Law in Ohio.
November 14, 2014. Participated in a Continuing Legal Education Seminar sponsored by Lorimar entitled, "Ethical Dilemmas for Municipal Attorneys."
Webinar: National Business Institute, Litigation Public Transportation Accidents: Protocol for Hazardous Spill Release, May 25, 2012.
Speech to Ohio Hospital Association Annual Meeting, June 11, 2012, “Ohio’s New Infectious Waste Laws: How it Will Affect You.”
Speech to Ohio Prosecuting Attorney Association, June 22, 2012, “What County Prosecutors should know about upcoming statutory changes to Ohio’s Environmental Laws.”
Speech to 22nd Annual Conference on Air & Water Permits, July 24, 2012: Practical and Cost-Effective Tips for NPDES Permitting and Compliance.”
Speech to Ohio Municipal Attorneys, July 26, 2012. Update on Water & Sewer Issues in Ohio.
Speech to Ohio Society of Healthcare Facility Managers 2012 Annual Conference, September 28, 2012, Dublin, Ohio. “What Hospitals Need to know about S.B. 294, effective September 5, 2012.”
Speech to Columbus State Community College, “What You need to know about Environmental Laws in order to Pass the Hazardous Material Managers Examination.” December 17, 2012.
“Recent changes to Ohio Environmental Laws and the Clean Air Act as it relates to Printers in the Printing Industry” Printing Industry Association of Northern Kentucky and Ohio (“PIANKO”). March, 2011, Cincinnati.
“Storm-water Permitting—Changes, Application process, Enforcement, and Compliance Checklist.” 21st Annual Environmental Permitting Conference, July, 2011, Columbus.
“How Local Governments are Successfully Managing Solid Wastes and Recyclables”, National Solid Waste Management Association “Waste Expo” Conference, May, 2011, Dallas, Texas.
“What Real Estate Developers need to know about Wetlands and the Clean Water Act.”, National Association of Industrial and Office Property (NAIOP), Columbus Chapter, April, 2010.
“What Human Resources and Operations Managers should know about Environmental Liabilities at the Company,” May and June, 2010.
“What the General Practitioner should know about Environmental enforcement and the Environmental Review Appeals Process in Ohio”, May, 2010, Ohio State Bar Convention.
What City Development Directors should know about Brownfields, Redevelopment Opportunities, and the Ohio Voluntary Action Clean-Up Program, May, 2010, Mid Ohio Development Exchange, Greater Columbus Chamber of Commerce.
“Environmental Liabilities for Hospitals regarding medical/infectious waste and proper disposal of used prescriptions”, June, 2010, Ohio Hospital Association, Columbus, Ohio.
“What is the future EPA regulation of PERC in the Dry Cleaning Industry and how to avoid liability”, June, 2010, Ohio Dry Cleaner’s Association, Sandusky, Ohio.
What County Prosecutors need to know about Ohio EPA’s Authority to Force Counties to build centralized Sewers, June, 2010, Ohio Prosecutor Attorney Association.
What Municipal Attorneys Should know about Combined Sewer Overflows and Sanitary Overflows, July, 2010, Ohio Municipal Attorney Association, Dublin, Ohio.
What Environmental Professionals should know about defending an EPA Enforcement Action, September, 2010, Central Ohio Hazardous Material Managers Association.
"An update on Medical/Infectious Waste. How to Prepare for an Ohio EPA Inspection", Ohio Hospital Association Annual Meeting, June, 2009.
"Business and Legal Considerations in the Waste Market", National Solid Waste Management Association's Waste Expo, June, 2009.
"An Interactive Review: Environmental Legal Considerations in the Tanker Industry", National Tank Truck Carrier's Conference, Tank Cleaning and Environmental Seminar, March, 2009.
"The Greening of the Supply Chain and Today's Economy", Columbus Supply Chain Management Professionals Meeting, March, 2009.
"The U.S. Sixth Circuit's Ruling on the use of Pesticides", Friends of the Clintonville Area Ravines Committee, March, 2009.
"Environmental Due Diligence When Buying a Transportation Business", 2008 Summer Board Meeting, National Tank Truck Carriers Association, August, 2008.
"What's new under the Clean Water Act, Sanitary Sewer Overflows, Combined Sewer Overflows, Ensuring the Waste Water Treatment Facility Remains in Compliance", Annual Meeting of the Ohio Municipal League, July, 2008.
"What County Prosecutors Should Know about Environmental Law Water/Sewer extensions and connection bans; water development rights; wetlands; Section 208 Planning", Annual Meeting of the Ohio County Prosecutors Association, June, 2008.
"Roadmap to Success: Critical Strategies for Buying, Selling, and Financing Transportation and Logistics Businesses Public Policy Lightning Round: How the Current Regulatory and Legislative Landscape will affect your Deal", A Seminar sponsored by Benesch Friedlander Coplan & Aronoff LLP, June, 2008.
"Environmental Law Update: Environmental Enforcement", Annual Convention of the Ohio State Bar Association May, 2008.
"What Real Estate Professionals should examine when Inspecting Real Property", May, 2008.
"Update on Enforcement Initiatives by Ohio and US EPA", Annual Meeting of Ohio Environmental Service Industries, April, 2008.
"Update on the Attorney General's Environmental Background Investigation Procedures on Owner/Operators of Solid Waste Landfills", Annual Meeting of Ohio Chapter, National Solid Waste Management Association (NSWMA), April, 2008.
"What the CEO should do and know after an accident – including an Environmental Update", National Tank Truck Carrier Summer Board Meeting, August, 2007.
"Air Permits Compliance and Enforcement . . . Internal Compliance Audits, Responding to Permit Violations, and How to Prepare for Inspections.", 17th Annual Conference on Air & Water Permits, July, 2007.
"The solid waste industry perspective on the United States Supreme Court decision in United Haulers Association v. Oneida-Herkimer Solid Waste Management Authority", Ohio Solid Waste Management Advisory Council, May, 2007, Columbus, Ohio.
"What Legal Issues the solid waste industry should anticipate in order to prepare for a Possible Avian Flu Epidemic", National Solid Waste Management Association's, 2007 Waste Expo Conference, May, 2007.
"Introduce Robert Kaplan, acting Regional Counsel, U.S. EPA, Region V", Ohio State Bar Association's 22nd Annual Environmental Law Seminar, April, 2007.
"How to Prepare for the Possible Avian Flu Epidemic: Contract law for Refuse Collection—Will contracts be enforced during emergency disasters?", Solid Waste Association of North America, 2006 Granville, Ohio.
"How to Prepare for an Ohio EPA Inspection", Ohio Dry Cleaners Association Conference, July, 2006.
"Avoiding Enforcement: How to Respond to Notice of Storm-water and Glycol Violations", 15th Annual Nat'l Aviation Environmental Management Conference, May, 2006.
"Industry Perspective on Environmental Permits & Environmental Enforcement and an explanation of the environmental permit appeal process", Air & Waste Management Association Northeast and Southwest Annual Meeting, May, 2006.
"New Laws recognizing Environmental Covenants Restricting Real Property; Update on Water & Sewer Connection Bans", Ohio Association of Realtors Spring Conference, April, 2006.
"Resources Available to Assist in Environmental Compliance and Pollution Prevention", 15th Annual Business & Industry's Environmental Health and Safety Symposium, March, 2006.
"Permit Dispute Resolution: Process and Strategy for Successful EPA Permit Appeals", Air & Waste Association Management Fall Conference, November, 2005.
"Enforcement Issues regarding Air Permits", Air & Water Permitting Conference sponsored by Manufacturing Education Council, July, 2005, Columbus.
“Wetland Enforcement Issues and a Review of Federal and State Cases", 3rd Annual Wetlands & Streams Conference, October, 2004.
“Air permits Compliance and Enforcement Issues, Internal Compliance Audits, How to respond to Non-Compliance and permit Violations and How to Survive an Inspection”, 14th Annual Air & Water Permitting Conference, July, 2004.
“Air permits: Certification, compliance, and enforcement”, 13th Annual Air & Water Permitting Conference, July, 2003.
“Enforcement Trends for Environmental Laws”, 4th Annual Meeting of the Ohio Chamber of Commerce and The Ohio Manufacturer’s Association Environment Committees, November, 2002.
“Environmental Enforcement Strategies: Looking for the Win/Win”, 25th Annual Conference sponsored by the Ohio Alliance for the Environment, November, 2002.
“Air permits: Certification, compliance, and enforcement”, 12th Annual Conference on Air & Water Permits: Environmental Permitting in Ohio, sponsored by the Ohio Manufacturer’s Education Council, July, 2002.
"Summary of the case against Buckeye Egg Farm", Columbus Bar Association Environmental Law Committee, May, 2002.
“Air Enforcement Issues: State and Federal Trends”, 11th Annual Business & Industry’s Symposium on the Environment Sponsored by the Ohio and Greater Cincinnati Chambers of Commerce, March, 2002.
"How to prepare a solid waste case for Enforcement", Northwest Ohio Environmental Health Association Annual Meeting, October, 2001.
"Evidence necessary in order to prosecute solid waste violations ", Southeast Ohio Environmental Health Association Annual Meeting, October, 2001.
"Why coastal management by the Ohio Department of Natural Resources is not a “regulatory taking” of Property without Due Process", Sponsored by the University of Toledo College of Law, October, 2001.
"Environmental Enforcement and Regulation of Livestock Operations", 67th Annual Convention Ohio Farmer’s Union, January, 2001.
“State Environmental Enforcement of Airport Operations and Expansion Activities”, American Association of Airport Executives, Great Lakes Chapter, March, 2000.
"The Attorney General’s Role in Environmental Enforcement", Ohio State Bar Association 14th Annual Environmental Law Conference, May, 2000.
"The new Title V Regulations and Best Available Control Technology", Ohio Chemical Council, Regulatory Committee, October, 1999.
"There is a new sheriff in town: Introduction of Frank Reed as the chief of the Environmental Enforcement Section", Columbus Bar Association Environmental Law Committee, October, 1999.
National Association of Attorneys General, Environmental Enforcement Section Chief Annual Conference, June, 1999, Washington, D.C.
National Association of Attorneys General, Environmental Enforcement Section Chief Annual Conference, June, 2000, Alexandria, Virginia.
National Association of Attorneys General, Environmental Enforcement Section Chief Annual Conference, April, 2001, Alexandria, Virginia.
National Association of Attorneys General, Environmental Enforcement Section Chief Annual Conference, April, 2002, Alexandria Old Town, Virginia.