We have had the opportunity to work on a variety of interesting issues.  Here are just a few of the successful results Thomas P. Pappas & Associates have achieved on behalf of its clients. Case Studies National Solid Waste Management Association Ohio Renal Association Ohio Manufacturers’ Association National Solid Waste Management Association Goal: Stop any action aimed at halting construction or expansion of landfills. Challenge: In the span of six months, members of the Ohio legislature introduced eight pieces of legislation proposing a moratorium on landfill construction or expansion. Residents were turning landfill sites into election issues in a few key legislative districts. Sophisticated citizen groups, many in affluent areas, had mobilized and were sharing resources, including legal services. Officials at Ohio EPA inadvertently encouraged activism by not taking a position and suggesting that groups take their concerns to the legislature for resolution. Approach: Organized a coalition of businesses that were customers of the landfills and shared their concerns that a moratorium would drive up business costs and reduce landfill capacity. Engaged county commissioners and operators of publicly owned landfills in the fight against the legislation. Crafted a message that criticized the moratorium bills as inappropriate statewide solutions to local problems. Educated legislators that Ohio’s geologically based siting criteria is state-of-the-art and that the sites in question met Ohio’s stringent landfill requirements. Counseled members of the National Solid Waste Management Association to work with local chambers and citizens groups and accommodate the community by amending site plans. Identified non-legislative solutions to address bill sponsors’ issues. Results: Legislators and local communities felt their concerns had been solved, eliminating the need for state legislation. At the end of the General Assembly, none of the bills had passed and to date none have been re-introduced. back to the top + Ohio Renal Association Goal: Expand scope-of-practice to allow technicians at kidney dialysis facilities to administer drugs already commonly used in the dialysis procedure. Challenge: Although technicians were already administering three drugs under nurses’ supervision, Ohio law did not recognize this common and safe practice. The Ohio Attorney General issued an opinion that, depending on interpretation, called industry practices into question. Following the Attorney General’s opinion, technicians and their employers became concerned about potential liability for the unlawful practice of medicine, forcing them to curtail technicians’ care and inconvenience patients. Members of the Republican-dominated General Assembly had a track record of opposing expansion of services performed by medical professions they felt lacked the necessary education. The Ohio Nurses Association actively opposed recognizing the current practice in statute. Lacking sufficient knowledge of technicians’ role in the dialysis process, the Nursing Board was skeptical of the legislation. Approach: Met with the Nursing Board and conceived a realistic scope-of-practice and training program that the Nursing Board would oversee. Introduced this solution as the starting point for negotiations. Positioned the request as founded in the best interest of patients: scope-of-practice protects patients because responsibilities are clearly defined in statute and not open to interpretation. Listened to opponents’ concerns and made changes in the legislation without impairing the integrity of the bill. Agreed to an Advisory Committee to advise on implementation at the Nursing Board; including interested parties allayed many fears. Results: Their concerns addressed, members of the Ohio General Assembly passed the legislation. The Advisory Committee continues to meet regularly to facilitate communication among all parties. By carefully shaping the bill to take concerns into account, none of the original fears have been realized. back to the top + Ohio Manufacturers’ Association Goal: Pass legislation establishing a five-year statute of limitations on state environmental violations to help Ohio businesses while maintaining environmental safeguards. Challenge: State environmental regulations were onerous and unfairly punitive: current notices of state EPA violations charged companies with previous violations, even if the companies had corrected those previous violations. Ohio EPA had a backlog of cases and claimed that the agency lacked the resources to bring actions within five years. To comply with the five-year federal statute of limitations in this area, businesses typically retain records for no more than five years, and the documentation that would be necessary to defend themselves against the previous charges was long gone. Basing citations on the number of occurrences increased fines to businesses and created perception problems for them. Officials at Ohio EPA were not eager to cooperate and were suspicious that companies were acting irresponsibly. Trial attorneys joined the fight, claiming that businesses were just trying to cover up their actions. Reports of an environmental contamination in the district represented by the bill sponsor gave opponents more momentum. Approach: Formed a coalition of businesses represented by the Ohio Petroleum Council, Ohio Chamber of Commerce, Ohio Farm Bureau, and the Ohio Chemistry Technology Council, to advocate for a sensible statute of limitations. Communicated that the business community did not want to weaken regulations but did want assurances and certainty in the regulatory process. Conducted meetings with reporters and editorial boards to explain why the change in law was necessary and not an evasion of prosecution. Met with legislators one-on-one to discuss the merits of the legislation and refute common myths. Conducted research of other states’ practices that supported OMA’s request for a five-year statute of limitations. Leveraged a just-released report by U.S. EPA criticizing Ohio EPA’s slow actions, arguing that a statute of limitations would improve environmental enforcement by requiring actions within five years. Achieved bipartisan support in the Ohio Senate by meeting with members of the Senate Energy and Environment Committee and refuting opponents’ charges with the facts. Researched each concern and provided rebuttals based on sound legal and scientific data. Met with dissenters in the Ohio House and showed how each change in the Senate-passed version addressed the concerns of trial lawyers who had percolated new charges intended to defeat the bill in the House. Result: The Ohio legislature passed the bill calling for a statute of limitations on civil environmental regulations. back to the top +