Vorys, Sater, Seymour and Pease LLP (LexBlog United States)

1793 results for Vorys, Sater, Seymour and Pease LLP (LexBlog United States)

  • U.S EPA and Army Corps Revert Back to Pre-2015 Interpretation of “Waters of the United States”

    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...

  • Decisive Victory in Doubt: Amazon’s Victory over Labor Drive May Be Redone

    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.

    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

    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 hearing...

  • Unexpected Unanimity: NLRB Deals Blow to Union Solicitation of Mail Ballots and Defends Election Integrity

    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

    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 Rules for Control of Volatile Organic Compounds (VOCs) and Carbon Monoxide (CO)

    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

    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

    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 devisees...

  • Decisive Delivery: Amazon Defeats Largest Labor Drive in Company History

    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...

  • IAM Files Election Petition for 87 Nissan Tennessee Workers – Another Micro-Unit Test for the Auto Industry

    The International Association of Machinists and Aerospace Workers filed an NLRB election petition to represent 87 tool and die maintenance technicians at Nissan’s Smyrna, Tennessee auto plant.  At the Smyrna facility, Nissan employs approximately 4,300 production and maintenance workers.  The IAM union is trying to slice a very small group out of the whole.  The...

  • Supreme Court of Ohio Further Clarifies Exception Under the Marketable Title Act in Erickson v. Morrison

    On March 16, 2021, the Supreme Court of Ohio expanded upon its prior decision in Blackstone v. Moore, 2018-Ohio-4959, holding that a reference in a deed that described a previously severed mineral interest, but without identifying the name of the interest owner, was specific under R.C. 5301.49(A), and thus prevented the extinguishment of the interest...

  • More NLRB Changes Coming: Biden Appoints New Pro-Labor General Counsel

    If even a day can make a significant difference, a month can make much more. On February 17, 2021, President Biden nominated Jennifer Abruzzo to serve as the next General Counsel of the National Labor Relations Board (NLRB). The Biden Presidency has thus far brought unanticipated upheavals to the NLRB. As this blog previously discussed,...

  • Employer Uniform Policies Back in the Limelight at the NLRB

    Many employers have policies that require employees to wear uniforms.  What if an employee of such an employer, however, wants to instead wear a t-shirt expressing support for a labor union?  The NLRB has long regulated an employer’s ability to restrict such a right.  But, the NLRB recently signaled that a change in this rule...

  • Rapid Reversals: Acting NLRB General Counsel Issues Flurry of Rescissions Days after Unprecedented Ousting of Predecessor

    Acting General Counsel Peter Sung Ohr has wasted no time in reversing course at the NLRB’s General Counsel office.  Yesterday, less than two weeks after President Biden’s unprecedented removal of the NLRB’s GC, AGC Ohr issued a memorandum (GC 21-02) to the NLRB’s regional offices. The memorandum rescinds several general counsel memoranda issued by former...

  • Divided NLRB Panel Offers Expansive Protections for Wildcat Strikes

    Last week, an NLRB panel issued a decision in the case of Noah’s Ark Processors, LLC.  The decision addresses a number of important labor law issues.  Most importantly, this decision reinforces protections for employees who go on a strike on their own without authorization from their unions.  These are known as “wildcat strikes.” Typically, the...

  • Ohio EPA Division of Air Pollution Control hosts Program Advisory Group Meeting

    On January 20, 2021, the Ohio EPA’s Division of Air Pollution Control (DAPC) hosted a “Program Advisory Group” (PAG) meeting via Microsoft Teams to inform interested stakeholders of recent and upcoming DAPC activities. The topics discussed during the PAG meeting included: anticipated regulatory changes to address non-attainment of the 2015 Ozone National Ambient Air Quality...

  • General Counsel Controversy Erupts, and New NLRB Chairman Appointed

    What a difference a day can make.  On the first day of the Biden administration, the President gave the General Counsel of the National Labor Relations Board until 5 p.m. to resign or be fired.  GC Peter Robb (R) declined to do so.  (Here is a link to the GC’s short letter to the White...

  • D.C Circuit Court of Appeals Vacates Affordable Clean Energy Rule

    On January 19, 2021, the United States Court of Appeals for the D. C. Circuit issued an Order vacating U.S. EPA’s 2019 Affordable Clean Energy Rule (ACE Rule). The 2019 ACE Rule replaced the 2015 Clean Power Plan as a means of regulating greenhouse gas (GHG) emissions from power plants. The Court held that, while...

  • Part 5: Will the Federal Government Take Over the UAW?

    Last week, the UAW and the U.S. Justice Department reached an agreement to end the criminal investigation into the UAW.  Twelve former UAW officials have been convicted of embezzling UAW-Chrysler training funds and UAW dues money and are serving time in a federal penitentiary.  The convicted include two former UAW presidents, Gary Jones and Dennis...

  • Supreme Court of Ohio Addresses Due Diligence Under the Dormant Mineral Act

    On December 17, 2020, the Supreme Court of Ohio addressed the surface owner’s due diligence obligations under the 2006 version of the Ohio Dormant Mineral Act.  See Gerrity v. Chervenak, Slip Opinion No. 2020-Ohio-6705.  Read more about that decision in our Client Alert.

  • Supreme Court of Ohio Rules on Applicability of Ohio Marketable Title Act to Severed Mineral Interests

    On December 2, 2020, the Supreme Court of Ohio held that the Ohio Marketable Title Act applies to severed mineral interests despite the enactment of the Ohio Dormant Mineral Act.  See West v. Bode, 2020-Ohio-5473.  Read more about that decision in our Client Alert.

  • Supreme Court of Ohio Construe’s State’s Saltwater Injection Well Permitting Scheme

    In a recent mandamus action, the Supreme Court of Ohio had the opportunity to construe Ohio’s saltwater injection well permitting scheme. See State ex rel. Omni Energy Group, L.L.C. v. Ohio Dept. of Natural Resources, Div. of Oil & Gas Resources Mgt., Slip Opinion No. 2020-Ohio-5581. In Omni, the Court discussed whether (1) the Division...

  • Registration Renewal Update for Ohio’s Land Professionals

    The Ohio Department of Commerce, Division of Real Estate & Professional Licensing (the “Division”), recently informed Ohio’s “land professionals” (i.e., oil and gas landmen registered with the Division) that their current registrations remain valid until July 1, 2021 pursuant to House Bill 404. In order to maintain their registrations, land professionals must renew them no...

  • U.S EPA Publishes Final Rule Overturning ‘Once In, Always In’ Policy for Major Sources of HAPs

    This post is an update to our October 2, 2020 blog post regarding U.S EPA’s final rule overturning U.S. EPA’s ‘Once In, Always In’ policy for major sources of hazardous air pollutants. Notably, the final rule was published in the November 19, 2020 Federal Register and, thus, the rule becomes effective on January 19, 2021....

  • COVID-19-Related Situations Supporting Mail-Ballot Union Elections

    As this blog previously discussed, the NLRB resumed union elections in April of this year after taking a short COVID-19-related hiatus in March.  Thereafter, the NLRB’s General Counsel provided suggested safety protocols for conducting in-person manual elections.  Now, the NLRB itself has spoken in its first decision on how to determine whether an election should...

  • Upcoming Deadline for Renewal of Ohio Land Professional Registrations

    The Ohio Department of Commerce, Division of Real Estate & Professional Licensing, recently reached out to Ohio’s “land professionals” (i.e., oil and gas landmen registered with the Division) concerning the renewal of their registrations. Pursuant to House Bill 197, land professionals must file their renewal paperwork with the Division on or before December 1, 2020....

  • Supreme Court of Ohio Accepts Appeals from Fifth and Seventh District Courts of Appeals in Oil and Gas Title Cases

    On September 29, 2020, the Supreme Court of Ohio accepted appeals from the Fifth District Court of Appeals’ decisions in Peppertree Farms, L.L.C. v. Thonen, Case No. 2020-Ohio-3042, and Peppertree Farms, L.L.C. v. Thonen, Case No. 2020-Ohio-3043, as well as the Seventh District Court of Appeals’ decision in Fonzi v. Miller, Case No. 2020-Ohio-3739.  In...

  • U.S. EPA Issues Final Rule Overturning ‘Once In, Always In’ Policy for Major Sources of Hazardous Air Pollutants

    This post provides an important update to our January 2018 Client Alert regarding U.S. EPA’s ‘Once In, Always In’ policy for major sources of hazardous air pollutants (HAPs). On October 1, 2020, U.S. EPA issued a final rule amending the general provisions of the National Emission Standards for Hazardous Air Pollutants (NESHAP), at 40 CFR...

  • Supreme Court of Ohio Sides with Injection-Well Operator in Takings Case

    On September 23, 2020, the Supreme Court of Ohio ruled that fact issues prevented a lower court from granting summary judgment to the State of Ohio on a takings claim involving the indefinite suspension of a Trumbull County injection well.  See State ex rel. AWMS Water Solutions, L.L.C. v. Mertz, 2020-Ohio-4509. Read more about this decision...

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