Seeing firsthand how collection operations, disposal requirements and community needs intersect informs Joseph R. Durham’s work today as a seasoned environmental attorney.

Environmental Law

After working at his family’s solid waste hauling business during high school and college, Mr. Durham embarked on his legal career.  For 35 years, Mr. Durham has practiced environmental law and litigation and public health law in Central Ohio, including

• litigating more than 1,000 environmental matters;
• counseling local governments on solid waste and recycling collection contracts; and
• guiding clients through a wide range of enforcement actions and public health issues.

A member of Eastman & Smith, Mr. Durham has represented cities, counties, local health districts, solid waste management districts, townships and villages before local, state and federal courts, the Ohio Department of Health, Ohio Environmental Protection Agency, Environmental Review Appeals Commission, Ohio Department of Commerce, Ohio Board of Pharmacy, Ohio Real Estate Commission, county boards of revision (real estate tax appeals), Ohio Department of Agriculture, Ohio Board of Nursing, Bureau of Underground Storage Tank Regulation (BUSTR), U.S. Custom and Border Protection and local boards of zoning appeals.

Public Health Law

Since 1991, Mr. Durham has advised local health district clients. He has litigated cases involving nuisances, solid and hazardous wastes, construction and demolition debris, landfills, recyclable materials, sewage, water and air pollution.

Education and Honors

He completed law school with a certificate in environmental and natural resources law.  In 2018 Mr. Durham was added to Best Lawyers in America® for Environmental Law. 

Firm Management, Memberships and Interests

As the chair of Eastman & Smith’s Environmental and Public Law Sections, he coordinates the Firm’s Environmental, Public Law, and Solid Waste Management Practice Groups.  Mr. Durham is a member of the Columbus Bar Association, Environmental Committee, and the Ohio State Bar Association.

When not practicing law, his entire family volunteers for the Columbus Public Schools Special Olympics program. Mr. Durham’s wife coached volleyball for more than twenty years while he previously coached basketball, softball and currently participates as a golf partner. Mr. Durham served a long tenure on the board of directors, and organized the annual charity golf outing fundraiser.

Experience

Environmental Law and Litigation

Joseph R. Durham’s understanding of the waste hauling industry is critical to his representation of public entities (solid waste districts, counties, municipalities, townships and health districts), whether it involves solid waste and recycling collection contracts, landfills, recycling facilities, drafting rules and plans, flow control, compliance, or enforcement. Mr. Durham is a pioneer in litigation before the Franklin County Environmental Court and has litigated nuisance cases involving drug houses, prostitution and human trafficking, apartments, condominiums, motels, hotels, illegal gambling and race tracks.  Some specific examples of his experience include:

• Appointed as the first environmental prosecutor for Franklin County, Ohio;
• Litigated environmental cases at the local, state and federal levels as a Franklin County assistant prosecuting attorney, as a special assistant U.S. attorney for the Southern District of Ohio, and as an attorney in private practice;
• Provides training on: hazardous materials and Department of Transportation regulations; National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer Systems (MS4) permit requirements; and environmental investigations;
• Authored the Environmental Investigation Resource Guide; and
• Representing local health districts in published cases relating to construction and demolition debris facilities; household sewage systems; enforcement of local health codes; variances; contempt for violating injunction; nuisance abatement actions; and mandamus.
• Negotiating orders or litigation representing clients involving:
  • Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. §§ 9607 and 9613(f), for response costs (Superfund); Contribution and Recovery actions.
  • Section 112(c) of the CAA, 42 U.S.C. § 7412(c), EPA listing of all categories and subcategories of major sources and area sources of hazardous air pollutants (HAP) and emissions standards known as the NESHAP.
  • Potentially responsible party for a release at a site operated as a recycling, storage, and transfer facility for waste batteries (e.g., lithium-ion, nickel-cadmium (NiCad), alkaline, lead acid and gel) and electronics waste (e-waste) regulated under Resource Conservation and Recovery Act (RCRA) shall mean the Solid Waste Disposal Act, as amended, 42 U.S.C. §§ 6901-6992.
  • Municipal separate storm sewer system (MS4) regulation under the Clean Water Act
  • National Pollutant Discharge Elimination System (NPDES) Permits.

Public Health Law

Having 35 years of experience advising local health district clients has given Mr. Durham an appreciation for all facets of issues facing health districts.   As a participant, speaker or subject matter expert, his experience addressing public health emergencies includes:

• Franklin County Public Health Incident Command Structure: COVID Response;
• National Association of County and City Health Officials (NACCHO) development of Public Health and the Law: An Emergency Preparedness Training Kit;
• "Hot Legal Topics in Preparedness" at Preparedness Summit Atlanta Podcast;
• Isolation and Quarantine Taskforce, Franklin County, Ohio;
• Local Public Health Preparedness Law Training exercise at the Sandra Day O'Connor College of Law;
• Partnership for Public Health Law Meeting, Washington DC, Collaboration of APHA, ASTHO, NACCHO, and NALBOH;
• Several terms on NACCHO’s Public Health Law Workgroup;
• Public Health Law Conference, Atlanta;
• Network for Public Health Law's Mid-States Region, Ann Arbor, Michigan;
• NACCHO's Preparedness Summit in Anaheim, CA; and
• Ohio Department of Health, Social Distancing Legal Consultation Meeting.

Community/Professional Affiliations

• Columbus Bar Association
• Ohio State Bar Association

Honors & Awards

• Best Lawyers in America®, 2018 - 2025
• Best Lawyers® 2026 Litigation - Environmental “Lawyer of the Year” in Columbus
• Distinguished Graduate Award, Lewis and Clark's Northwestern School of Law, 2022
• Ohio Business Magazine's Ohio Leading Lawyers, 2024
• Top Lawyers by Columbus CEO, 2024

Spotlight

Articles