- Brownfield Redevelopment
- Clean Air Act Permitting and Enforcement
- Climate Change and Green Technology
- Commercial Transactions
- Enforcement and Criminal Defense
- Environmental Audits and Compliance Plans
- Environmental Litigation
- Real Estate Development
- Regulatory Matters
- Solid and Hazardous Waste
- Toxic Substances
- Underground Storage Tanks
- Utica/Marcellus Shales
- Water Law
- Government Relations
- Labor and Employment
- Real Estate
- Capital University Law School, J.D., 1986, Order of the Curia
Capital University Law Review, 1985-1986
- Miami University, Institute of Environmental Sciences, M.En., 1979
- Bowling Green State University, B.S., 1977
Bar & Court Admissions
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court for the Southern District of Ohio
Ted is of counsel in the Vorys Columbus office and a member of the finance, energy and real estate group. He is a seasoned practitioner in Environmental, Health and Safety (EH&S) law. Ted's practice involves all major Federal and State environmental programs, including wastewater, drinking water, air, hazardous waste and solid waste. In addition, he regularly advises clients on water withdrawal, water use, and groundwater and riparian surface water rights.
Ted provides counseling to businesses and governments on real estate transactions, Phase I and Phase IIs, investigation and clean up of contaminated land (voluntary actions and under enforcement orders), risk assessments, chemical handling and reporting, cessation of operations, and next generation environmental compliance and sustainable strategies. He has considerable experience under all Clean Water Act programs such as NPDES permitting, Storm Water Regulation, Water Quality Standards, Antidegradation, Industrial Pretreatment, SPCC Plans, Release Reporting, TMDLs, CMOM, SSESs, §208 and §201 Planning, CSOs, SSOs, Sewer Codes, Rates, and Rainfall Derived Infiltration/Inflow issues.
Ted counsels land owners, developers, oil & gas producers and lessees on wetlands issues, stream impacts, individual Clean Water Act §404 permits/§401 Water Quality Certifications, nationwide and regional permits, water withdrawal and water usage issues. Ted’s experience includes successful negotiation of required water resource mitigation and restoration projects.
Ted has experience in hazardous materials transportation (HMT) regulatory and enforcement issues. This includes counseling on the applicability of the US DOT HMT Table requirements for shipping papers, packaging, labeling and placarding.
Ted assists companies with OSHA safety issues and the interpretation and application of OSHA standards. He has represented clients in OSHA inspections and accident investigations, evaluation of citations, informal conferences, notice of contests and appeals to the Occupational Health and Safety Review Commission.
Career highlights include:
- Negotiating hundreds of permits, orders, decrees and settlement agreements
- Counseling clients on Environmental Issues in Real Estate Transactions
- Participating on many advisory committees in developing new major regulatory programs
- Developing successful legislative proposals for permanent changes in state law
- Organizing various coalitions before EPA on water and sewer issues resulting in consensus solution
- Performing due diligence and compliance reviews for numerous acquisitions and ownership transfers
- Developing creative solutions to environmental problems
Ted is a member of the Ohio State and Columbus Bar Associations, the Water Environment Federation, and the Ohio Water Environment Association.
Ted is a frequent lecturer at national and state trade association seminars and training conferences.
Ted received his J.D. from Capital University Law School where he was a member of the Order of the Curia, and a member of the Capital University Law Review. He received his M.En. from Miami University, Institute of Environmental Science and his B.S. from Bowling Green State University.
Ted worked as an ecologist and environmental scientist before becoming a lawyer. His technical experience and background allows him to effectively counsel plant managers and work well with regulators.
Honors & Awards
- Columbus CEO, Top Lawyers in Columbus, 2010-2014, 2017-2018
- The Best Lawyers in America, Environmental Law, 2009-2019
- The Best Lawyers in America, Litigation - Environmental, 2012-2019
- Martindale-Hubbell AV Peer Review Rated
- 8/15/2018One hundred and thirteen lawyers from Vorys, Sater, Seymour and Pease LLP were recently selected by their peers for inclusion in The Best Lawyers in America® 2019.
- 8/17/2017One hundred and eight lawyers from Vorys, Sater, Seymour and Pease were recently selected by their peers for inclusion in The Best Lawyers in America® 2018.
- 3/28/2017This year, 54 Vorys attorneys were listed in the 2017 Columbus CEO “Top Lawyers” List.
- 8/15/2016One-hundred and eleven lawyers from Vorys, Sater, Seymour and Pease were recently selected by their peers for inclusion in The Best Lawyers in America® 2017.
- 8/17/2015One-hundred and eighteen lawyers from Vorys were recently selected by their peers for inclusion in The Best Lawyers in America® 2016.
- 8/18/2014One-hundred and ten lawyers from Vorys, Sater, Seymour and Pease were recently selected by their peers for inclusion in The Best Lawyers in America® 2015.
- 8/14/2013One hundred and eleven lawyers from Vorys, Sater, Seymour and Pease were recently selected by their peers for inclusion in The Best Lawyers in America® 2014.
- 8/23/2012One hundred and twenty-six lawyers from Vorys were recently selected by their peers for inclusion in The Best Lawyers in America® 2013.
- 3/5/2015Vorys attorney Ted Boggs was a speaker at the Government and Regulatory Affairs Workshop hosted by the Ohio Water Environment Association on March 5, 2015.
- 4/22/2019Client Alert: USEPA Issues Interpretive Statement on NPDES Applicability to Releases of Pollutants from a Point Source to GroundwaterOn April 12, 2019, the U.S. Environmental Protection Agency (USEPA) issued an interpretative statement concluding that all releases of pollutants from a point source to groundwater are excluded from the National Pollutant Discharge Elimination System (NPDES) permit program pursuant to Sections 301 and 402 of the Clean Water Act (Act). USEPA’s interpretative statement clarified that such discharges are excluded from NPDES permit requirements even where pollutants are conveyed to jurisdictional surface waters via groundwater.
- 4/18/2019President Trump issued two Executive Orders (EO) on April 10, 2019 to expedite permitting and construction of primarily energy-related infrastructure projects.
- 4/8/2015Oil and Gas Alert: National Zero Discharge Pretreatment Limit Proposed for Hydraulic Fracturing Oil and Gas Extraction Wastewater Discharged to Publicly Owned Treatment WorksOn April 7, 2015, USEPA proposed a zero discharge Clean Water Act pretreatment standard for wastewater from existing or new Unconventional Oil and Gas Extraction facilities discharged to a Publicly Owned Treatment Works (POTW).
- 3/26/2015On March 24, 2015, the Ohio Supreme Court decided the Fairfield County v. Nally (former Ohio EPA Director) case. This was a challenge brought by Fairfield County to a Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES) permit limit, which was based on a total maximum daily load (TMDL) report prepared by Ohio EPA to limit phosphorus discharges from the county’s wastewater treatment plant.
- 9/20/2013This client alert provices an update on the Clean Water Act “jurisdictional waters” guidance and the Science Advisory Board's review of USEPA’s water body connectivity scientific literature search.
- 9/19/2013House Bill 59, which becomes effective on September 29, 2013, amended several sections of Ohio law governing the disposal of waste substances generated from oil and gas production operations. On September 16, 2013, Ohio EPA released three draft Guidance documents to facilitate the implementation of the new oil and gas-related waste management requirements.
- Spring 1992