MEET YOUR NEIGHBORS:
THE ASSISTANT ATTORNEYS GENERAL
The need for legal advice and representation is older than the State of Ohio. The Ohio Attorney General’s office can be traced back to the Northwest Territory in 1795; Ohio wasn’t a state until 1803. Today, the need is still there; many state agencies not only have their own legal teams but use lawyers from the attorney general’s office as well. The AG is the chief legal officer of the state.
ODNR’s assistant attorneys general, from the Environmental Enforcement Section, work with and for the department and its divisions. According to Ray Studer, supervisor of the staff, “We work on high profile civil cases, title opinions, property acquisitions, coastal issues, dam safety, and associated litigation. Depending on the situation, ODNR may act as either plaintiff or defendant.”
Ray said, “Civil cases can be very complex and take up a lot of time.” Two of the most complicated cases are Dysart Woods and RTG. In the Dysart case, legal battles began in the 1990s regarding coal mining by Ohio Valley Coal Company around Dysart Woods, an old-growth forest in Belmont County. In the RTG case, the state declared some land in Guernsey County “unsuitable for mining,” to which RTG Inc. sued for compensation for lost coal. On these two cases alone, years of hearings, rulings, and appeals have kept the lawyers quite busy.
“The Attorney General’s office came to Fountain Square more than 20 years ago,” Ray continued, “and it was a good move. This arrangement is more informal - our clients can drop by instead of making an appointment and traveling downtown. Our relationship is more immediate and facilitates the flow of communication. It’s also easier to develop close working relationships.”
In addition to being the supervisor of the group, RAY STUDER works on other cases, such as those involving force used by officers, and reviews engineering contracts and requests for bids. He also takes part in the cases handled by the other attorneys on staff.
MARK BONAVENTURA is part of the team who works directly with the Division of Mineral Resources Management (MRM). The division is a regulatory agency for companies that extract coal, oil, gas, and industrial minerals in Ohio. Conflicts lead to hearings before industry commissions, leading to judgments, orders, appeals, reviews, and court action. He said, “We’re the face of the division in court,” including common pleas, bankruptcy, appellate, and the state supreme court. Whether filing complaints or making appeals, Mark helps ensure mining and drilling companies follow Ohio law.
HOLLY DEEDS also works on MRM business. She said, “We deal mostly with appeals. When the Ohio Reclamation Commission or Oil & Gas Commission makes a ruling, or the division issues an order, a company can disagree by filing an appeal. Sometimes landowners file a complaint when water wells or facilities are impacted by blasting or other mining activity. ” When mining companies have declared bankruptcy, Holly said, “We look after the division’s best interest.”
BOB EUBANKS is also part of the MRM team. He said, “I get involved when oil or gas wells are not plugged - either because they’re not producing or are a hazard to the environment. Other cases arise when a company asks for a permit to mine, and an environmental group presents a petition to protect that area from being mined.” Bob also noted he researches and reviews law, and makes comments and recommendations to the division regarding new laws and bills in the legislature.
JOAN FISHEL represents the Division of Water, specifically the Dam Safety Program. She explained, “I come into the picture once the Dam Safety staff has exhausted efforts to obtain a dam owner’s voluntary compliance with dam safety statutes.” Previously, Joan represented the Division of Oil & Gas.
JOHN BARTLEY, working with REALM, has represented and advised ODNR on real estate matters for nearly 15 years. Most of his work comes from the land holding divisions: Wildlife, Parks, Forestry, and Natural Areas, with the addition of some Canal Lands and Lake Erie issues. He’s been involved in a wide range of duties, from working on the lease of state land for the Rock and Roll Hall of Fame Museum in Cleveland to convincing a landowner to remove his pig from a barn on land ODNR purchased. John said, “One reason I enjoy my work is that ODNR’s staff are always professional, knowledgeable, and willing to share their time and expertise.”
CINDY FRAZZINI, the “Lady of the Lake,” works on behalf of the department’s Coastal Management Program, which places ODNR in charge of all matters concerning the care, enforcement, and protection of Lake Erie. She said, “Part of my time is spent in litigation. We recently won the appeal in the Barnes Nursery case,” which concerned interference in the wetlands at Sheldon Marsh State Nature Preserve. “But,” she continued, “three-quarters of my time is spent advising the department, reviewing leases for artificial structures in the lake, like docks and piers, and permits for shore structures, which include flood and erosion control devices.”
MARY ANN HUNTER, legal secretary, assists the attorneys with processing the legal documents that are filed with the Reclamation Commission, other commissions, and courts. She opens and closes cases on a tracking system, maintains and prepares schedules for hearings, meetings, site views, and teleconferences. Mary Ann will receive a masters degree in Marketing and Communications this summer.
A BRIEF HISTORY OF THE OHIO ATTORNEY GENERAL’S OFFICE
The AG can be traced back to the Northwest Territory in 1795. It was formalized in 1846 with these duties: legal advisor to the state government, represent the interests of the state, provide legal opinions to state officials, prepare all state contracts; represent the state in all civil or criminal matters before the Ohio Supreme Court and any court at the request of the governor or General Assembly; consult with and advise county prosecuting attorneys. The attorney general became an elective position in 1851 as part of the state’s executive office. In 1852, the General Assembly added “provide legal opinions to a wider circle of state officials” to the AG’s responsibilities. In a 1904 reorganization, legal counsel employed by state agencies was “congregated into the AG’s office.” Ohio’s current AG is Jim Petro.
ODNR'S IN-HOUSE LEGAL STAFF
ODNR’s in-house Legal Services section, part of the Administration, provides a spectrum of services to the department, ranging from representation in legal matters to giving opinions to questions of “what do you think.” Unlike the attorneys general, our lawyers aren’t authorized to argue cases in court.
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| Deanna Granger, secretary, Joan Weiser and Charles Rowan, attorneys |
Joan said, “ODNR is a great complex agency, with regulatory programs, law enforcement, landholding divisions, and grants. These functions are all interrelated. We work with chiefs, assistant chiefs, law enforcement staff, property managers, division fiscal sections, and the Office of Budget and Finance. There’s always something new going on.”
They also handle contracts signed by Director Speck; draft and review rules, statutes, and contracts; and attend lots of meetings. She continued, “For example, we helped Forestry design, draft, and enter contracts for handling damaged timber after the Shawnee State Forest ice storm. We helped Wildlife set up their Internet sales of hunting and fishing licenses; and then helped Ohio State Parks with its Internet reservations system.”
ODNR’s in-house legal team also interacts with the governor’s office, attorney general, legislature, ethics commission, and inspector general.