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Latest from Vorys, Sater, Seymour and Pease LLP

In 2016, in Columbia University, the NLRB held that students at private institutions have a right to organize. The 3-1 decision overruled a 2004 decision in Brown University, which found that graduate assistants were not employees and thus did not have a statutory right to unionize. Since the Columbia University decision, the NLRB’s makeup has shifted — and it is uncertain whether the NLRB under the Trump Administration would still side with student workers. In…
On December 13, 2018, the Supreme Court of Ohio clarified the preservation of interests under the Ohio Marketable Title Act (OMTA). See Blackstone v. Moore, Slip Opinion No. 2018-Ohio-4959. In its decision, the Court held that under the OMTA, a deed reference to a previously reserved royalty interest is sufficiently-specific to preserve that royalty interest where the reference identifies the type of interest created and the person to whom the interest was granted. Check out the decision …
The NLRB’s rulemaking on the joint employer issue has again been delayed.  Earlier this month, the AFL-CIO filed a memorandum (pdf) alleging that business groups secretly had “extensive input” on the proposed rule.  The AFL-CIO requested a 30-day extension of the time to submit comments on the proposed rule. On Monday, the NLRB announced that it was pushing back the deadline for submitting comments.  Commenters now have until mid-January 2019 to submit comments on the…
On December 11, 2018, USEPA and the Army Corps of Engineers proposed a new rule defining “water of the United States” (WOTUS) subject to USEPA/Army Corps jurisdiction under the Clean Water Act. The proposed rule would replace the 2015 WOTUS rule, which has been the subject of litigation across the country, with a more narrow WOTUS definition. Specifically, the new proposed rules defines 6 categories of waters subject to USEPA/Army Corps jurisdiction: • Traditional navigable…
Earlier this week, Ohio’s 7th District Court of Appeals again addressed the amount of diligence required to identify the holders of severed mineral interests under the 2006 version of Ohio’s Dormant Mineral Act (2006 DMA). In Sharp v. Miller, 2018-Ohio-4740, the Court reaffirmed its earlier ruling in Shilts v. Beardmore that the 2006 DMA only requires a surface owner to exercise reasonable due diligence to ascertain the names and addresses of mineral holders prior…
Last year we reported on S.B. No. 72, introduced by State Senator Matt Huffman (R), which would modify Ohio law to limit the scope of prevailing wage requirements in Ohio. After being referred to the Finance Committee in March 2017, word about S.B. 72 was mum until this week, when the committee held its first hearing on the bill. To recap, S.B. 72 would make multiple key changes to Ohio law, including eliminating the requirement…
U.S EPA recently issued a draft guidance document titled Revised Policy on Exclusions from “Ambient Air” (Draft Guidance) in which the Agency revises its 1980 policy on the exclusion of certain areas from the scope of “ambient air” under the Clean Air Act. Under the National Ambient Air Quality Standards (NAAQS) program, “ambient air” is defined as “that portion of the atmosphere, external to buildings, to which the general public has access.” 40 CFR 50.1(e).…
On November 7, 2018, USEPA concluded its reconsideration (“2018 Reconsideration Action”) of a January 15, 2009 interpretation regarding NSR project aggregation (the “2009 NSR Aggregation Action”).  See 74 Fed.Reg. 2376 et seq.  The 2009 Aggregation Action never became effective in 2009, because the NRDC filed a petition for reconsideration that resulted in USEPA indefinitely staying the effectiveness of the 2009 Aggregation Action and USEPA accepting comments on the same.  USEPA received a number of comments,…
The landmark Supreme Court decision in Janus has now precipitated the filing of two new class actions, right here in Central Ohio.  Last week, public employees working at different public agencies, filed two class actions challenging not only the agency fees they have paid in the past, but also union dues they attempted to halt after the Janus decision issued. As a quick recap, Janus held that public sector employees cannot be forced to pay…
On October 15, 2018, USEPA proposed amendments to the new source performance standards (NSPS) for the oil and natural gas sector at 40 CFR Part 60, Subpart OOOOa (“Subpart OOOOa”). The proposed amendments to Subpart OOOOa are a result of USEPA’s reconsideration of certain aspects of Subpart OOOOa in 2017. Specifically, the proposed amendments address the Subpart OOOOa provisions governing fugitive emissions requirements, well site pneumatic standards, and professional engineer certification requirements. With respect to…