On August 30, 2021, the U.S. District Court for the District of Arizona issued an Order vacating and remanding the Navigable Waters Protection Rule in the case of Pascua Yaqui Tribe v. U.S. Environmental Protection Agency. Following the Court’s Order, U.S. EPA and the Army Corps of Engineers issued a joint statement on U.S. EPA’s
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Vorys, Sater, Seymour and Pease LLP Blogs
Latest from Vorys, Sater, Seymour and Pease LLP
Decisive Victory in Doubt: Amazon’s Victory over Labor Drive May Be Redone
By Nelson Cary & Alex Ehler
Amazon’s victory over the largest labor drive in company history may be in jeopardy. On August 3, 2021, the NLRB released a hearing officer’s report on objections, finding that Amazon allegedly violated labor laws during the election period. As a result, the hearing officer recommended that the election results be set aside and a new…
Ohio EPA’s proposed changes to biocriteria rules could affect point source dischargers.
By Nat Morse
Facilities with a permitted outfall that discharges into a waterbody with water quality attainment challenges could be impacted by a recently proposed rule from Ohio EPA (OEPA). OEPA is proposing to revise the existing biocriteria rules by making it easier to modify point source effluent limits upstream of waterbodies that are not attaining biocriteria.
Currently,…
IAM Losses First Round of Micro-Unit Fight with Nissan
By Allen Kinzer
On June 11, 2021, the NLRB Regional Director rejected the IAM’s petition to represent 87 tool and die technicians out of about 4,300 production and maintenance employees at Nissan’s Smyrna, Tennessee plant. As reported on this blog, the IAM filed a micro-unit petition earlier this year. The NLRB Regional Director held a 10-day evidentiary…
Unexpected Unanimity: NLRB Deals Blow to Union Solicitation of Mail Ballots and Defends Election Integrity
By Nelson Cary & Alex Ehler
In a political climate fraught with partisanship, rare instances of bipartisanship and even unanimity can be welcome events. For labor professionals on the management side, the NLRB’s June 9, 2021 decision in Professional Transportation, Inc. is likely to be doubly welcome, as the NLRB unanimously held that a union’s solicitation of mail ballots constitutes objectionable…
NLRB’s Pro-Union March Gains Momentum with New Biden Appointee
By Nelson Cary & Alex Ehler
The NLRB’s pro-union march gained more momentum earlier this week, as President Biden nominated Gwynne Wilcox to fill a vacant seat on the Board. Wilcox, a senior partner at the union-side labor and employment firm Levy Ratner, is also known for being the attorney who sued McDonald’s on behalf of the Fight for $15 worker…
Public Comment Period Opens as Ohio EPA Issues Draft Revisions to Reasonably Available Control Technology (“RACT”) Requirements for Control of VOC and NOx Emissions
By Ryan Elliott
Ohio EPA has proposed rules that will require additional Volatile Organic Compound (VOC) and Nitrogen Oxide (NOx) emission controls for certain manufacturing and industrial operations located in the Cincinnati and Cleveland 2015 ozone nonattainment areas. On May 17, 2021, Ohio EPA issued public notice of draft revisions to Ohio Administrative Code (OAC) Chapter 3745-21, “Carbon…
UPDATE: Ohio Waives Clean Water Act 401 Certification for 16 Nationwide Permits
By Ryan Elliott
The U.S. Army Corps of Engineers recently determined that Ohio waived its right to issue a water quality certification (WQC) under section 401 of the Clean Water Act (CWA) for the 16 new Nationwide Permits (NWPs) that went into effect on March 15, 2021. Ohio’s 401 WQC waiver means that an applicant seeking to obtain…
Ohio Court of Appeals Addresses Adverse Possession of Minerals Among Co-Tenants
By Jay Carr
The 7th District Court of Appeals in Ohio recently addressed what elements a co-tenant must satisfy to adversely possess a severed oil and gas interest against his co-tenants. See, Tomechko v. Garrett, 2021-Ohio-1377. In Tomechko, the appellants were the owners of the surface and one-half of the minerals. The appellees were the heirs and…
Decisive Delivery: Amazon Defeats Largest Labor Drive in Company History
By Nelson Cary & Alex Ehler
Amazon has defeated the largest labor drive in the company’s history. Today, the NLRB completed a vote count in an election involving employees at Amazon’s facility in Bessemer, Alabama, which employs nearly 6,000 people. Of these nearly 6,000 people, 3,041 mailed in their ballots indicating whether they wished to be represented by the Retail, Wholesale…