Id .
On November 16, 2000, the district court issued an Opinion and Order
granting OEPA's request for Injunctive and Declaratory Relief. The court issued a declaratory
judgment that "the regulations set forth in 29 C.F.R. Part 24 relating to claims made by
individual complainants against the various States may only be applied consistent with the Eleventh
Amendment according to the provisions of the Opinion and Order." The court further ordered
unless the United States of America Department of Labor elects to intervene as a
party in the case of Paul Jayco, [sic] Case No. 1999-CAA-5 within thirty (30) days
from the date of this Order, the Defendants are otherwise restrained from any
further adjudication against the State of Ohio regarding any claims in the
proceeding.
[Page 2]
Accordingly, we GRANT OEPA's motion to stay these proceedings
until such time as the Department of Labor intervenes in the whistleblower proceedings or the
conclusion of appeals, if any, of the district court's decision. If as a result of intervention or appeal,
the Board's jurisdiction to proceed is established, we will issue a new briefing schedule.
OEPA has also moved the Board for an enlargement of time to file its brief
and for an enlargement of the page limitation. Given the Board's ruling on the stay motion, the
request for an enlargement of time is moot. If a new briefing schedule is ultimately issued, it will
include the Board's ruling on the motion to enlarge the page limitation.
Complainant Jayko has filed with the Board a Motion to Join Certain OEPA
State Officials in their Official Capacity. If the Board's jurisdiction to proceed is ultimately
established, we will give OEPA an opportunity to respond to the motion before we rule on it.
FOR THE ADMINISTRATIVE REVIEW BOARD:
Janet R. Dunlop
General Counsel
NOTE : Questions regarding any case pending before the Board should be directed to the Board's staff
assistant, Ernestine Battle.
Telephone: (202) 693-6207
Facsimile: (202) 693-6220
[ENDNOTES]
1 Ohio Environmental Protection
Agency v. United States of America, Case No. CA 00-1157.
2 This case arises under - the
Toxic Substances Control Act, 15 U.S.C. §2622 (1994); the Federal Water Pollution
Prevention and Control Act, 33 U.S.C. § 1367 (1994); the Safe Drinking Water Act, 42
U.S.C. §300j-9(i) (1994); the Solid Waste Disposal Act, 42 U.S.C. §6971 (1994);
the Clean Air Act, 42 U.S.C. §7622(a) (1994); the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. §9610 (1994) and the Energy
Reorganization Act, 42 U.S.C. §5851 (1995).