MIDDLETOWN, Ohio — A years-long fight over possible pollution in Middletown took a major turn. A Columbus court ruled lawmakers violated the constitution when they used a budget bill to get rid of an air nuisance rule.
Marilyn Wall visits Middletown often, and when she does, she frequently comes to this street, where, over the fence, sits a production facility for one of the largest steel manufacturers in the country. Wall’s been working with community members here for almost a decade, fighting to improve air quality in the city.
Even still, the smell surprises her.
“Terrible,” Wall said. “You can feel it in your nose.”
WATCH: Reaction from ‘unconstitutional' court ruling about pollution rule
Wall is standing outside Donna Ballinger’s home. The two met because of that smell. And even before the interview starts, Ballinger is complaining about it. She pulls her sweatshirt up above her face.
Ballinger tells me she called pollution hotlines three times today about it. She's been fighting the companies around her since 2017.
WCPO 9’s I-team profiled Ballinger several years ago. It dubbed her fight: Donna vs. Goliath. And an analysis of state records in 2020 showed Ballinger complained about air quality 397 times over a three-year period.
“I’m not going to back down,” Ballinger said. “I’m going to stay and fight.”
She tells me not much has changed since then, but she recently got good news. A judge in Franklin County ruled lawmakers violated the Constitution when they tried to get rid of a pollution rule in last year’s budget bill.
“It’s one thing not to enforce the law,” said Dave Altman, an environmental lawyer who represents Ballinger. “It’s another thing to use illegal means to prevent people from enforcing the law themselves.”
Altman tells me the air nuisance rule is one of the only ways for regular people to force companies to reduce potentially hazardous emissions.
“The Ohio Environmental Protection Agency is not protecting people that need protection,” Altman said.
The EPA did not respond to an interview request for this story. Neither did Cleveland-Cliffs. In court filings, state officials said removing the nuisance rule would save thousands of dollars.
Have an issue?
Residents can submit concerns online. It’s part of an outreach program for Cleveland-Cliffs. To report air quality concerns to state officials, you can call 513-946-7777 or submit a complaint online.
