Snell & Wilmer

After hosting its 2020 Environmental & Sustainability Summit (“ESS”) virtually due to the COVID Pandemic…after all, what else could keep Phoenicians from fleeing the scorching heat and heading up to the cooler temps of Flagstaff…, the Arizona Manufacturers Council (“AMC”) and the Arizona Chamber of Commerce and Industry (“Arizona Chamber”) were eager to get back to normalcy with their 2021 ESS. However, due to the ongoing uncertainties accompanying COVID, the AMC and Arizona Chamber decided…
by Luke Narducci, Mike Ford, and Amanda Reeve On January 9, 2020, the Arizona Center for Law in the Public Interest (“ACLIPI”), on behalf of several individuals, filed with the Ninth Circuit Court of Appeals (“Court”) a Petition for Review (“Petition”) of the United States Environmental Protection Agency’s (“EPA”) determination of attainment for the 2008 Ozone National Ambient Air Quality Standard (“Ozone Standard”) in the Phoenix-Mesa Area (“Area”) by the 2016 attainment deadline.…
At the conclusion of the EEOC’s administrative process, if a discrimination Charge has not otherwise been resolved, the Agency issues an administrative decision finding either merit to the Charge or not.  If the Agency concludes that the Charge has merit, then by statute it must engage in formal Conciliation with the Respondent/Employer in an effort to settle the matter without litigation. If Conciliation efforts fail, then the EEOC makes an administrative decision whether to file…
When the EEOC confirmed months ago that employers could mandate Covid-19 vaccines without violating employment laws, the agency did not answer a lingering question regarding a non-employment statute, section 564 of the Food, Drug & Cosmetic Act (Section 564) which governs the vaccines’ emergency use status. Section 564 contains an “option to accept or refuse” condition, and some employees have relied on that condition in arguing that it allows them to refuse the vaccine mandated…
In a recent case, the National Labor Relations Board (“NLRB” or “Board”) confronted the issue of whether the display of an inflatable rat (“Scabby”) and banners by a labor union, at the entrance of a neutral site, constituted an unfair labor practice in violation of the secondary boycott prohibition in the National Labor Relations Act (“Act”). Lippert Components Inc., 371 NLRB No. 8 (2021). In essence, the union had a dispute with a contractor (primary employer)…
As we previously reported, the Protecting the Right to Organize (“PRO”) Act is pending before Congress.  With the Pro Act, House and Senate Democrats seek to amend the National Labor Relations Act.  Some of the most significant provisions in the PRO Act include provisions that would override state “right-to-work” laws; increase regulation of employer communication with employees during the unionization process and therefore restrict employer influence on unionization; ban mandatory arbitration agreements; and change the…
by Patrick J. Paul On Wednesday July 21, 2021, the U.S. House of Representatives passed the PFAS Action Act of 2021.  The bill, H.R. 2467, passed 241-183 demonstrating its bipartisan support, with twenty-three Republicans joining their Democratic colleagues in supporting the legislation.  H.R. 2467 would regulate toxic chemicals found in drinking water, as well as designate two types of those toxic chemicals as hazardous substances that would trigger federal cleanup standards. H.R. 2467 would…
by Patrick J. Paul Avolta, a renewable energy company focused on originating, developing, owning and operating renewable natural gas (RNG) projects, along with its regional development partner, Atlas Global Holdings, LLC, recently broke ground on a RNG project at the Butterfield Dairy in Buckeye, AZ – the first of several such new biogas projects planned in Arizona to be operated by Nacelle Solutions. Dairy operations often result in the production of biogas – think cow manure. Utilizing…
by Patrick J. Paul In what has been described by some as a landmark environmental justice resolution, on July 13, 2021, Delaware-based companies DuPont, Chemours and Corteva agreed to pay Delaware $50 million according to a settlement reached in connection with contamination to the environment caused by per- and polyfluoroalkyl substances (PFAS), often referred to as forever chemicals. The settlement will result in a guaranteed $50 million payment to Delaware, to be paid immediately. Additionally, the companies…
by Patrick J. Paul On Wednesday, July 14, 2021, a federal court in South Carolina allowed the Trump administration’s Navigable Waters Protection Rule (NWPR), defining the scope of Clean Water Act jurisdiction, to remain in place while the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) work on a replacement rule. Although opposed by environmental groups who preferred not only a remand of the NWPR, but also its vacatur, the