On June 28, 2024, in Loper Bright Enterprises v. Raimondo, the United States Supreme Court reversed its 40-year-old decision in Chevron v. Natural Resources Defense Council, thereby restoring the judiciary’s final authority...more
7/3/2024
/ Administrative Agencies ,
Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation
On Friday, April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the...more
On June 30th, the United States Supreme Court issued its decision in West Virginia v. EPA. The Court concluded that the EPA had exceeded its authority under the Clean Air Act by establishing emission caps in the Clean Power...more
Obtaining public records in a timely fashion from government agencies in Pennsylvania can be an arduous task during ordinary times. Enter a worldwide pandemic that forced most workers, including civil servants, to begin...more
From the COVID-19 threat, disrupted supply chains and economic fluctuations to the dichotomy in shifting state and federal policies, regulations, ongoing litigation, compliance issues, and cyber threats, the energy and...more
On July 22, 2019, Pennsylvania’s Commonwealth Court invalidated a natural gas well site restoration requirement set by the Department of Environmental Protection in 2016, ruling it is unenforceable. ...more
Pennsylvania DEP has committed to developing enhanced policies and procedures relating to future pipeline development projects. This new commitment comes as part of a July 27, 2018, settlement agreement between Pennsylvania...more
Companies seeking approval from Pennsylvania to grow, process, and dispense medical marijuana have fought to maintain the confidentiality of information in their applications. On May 12, 2018, the Pennsylvania Department of...more
The Pennsylvania Commonwealth Court has ruled that once an unpermitted discharge ceases, violations under The Clean Streams Law cease, even when pollution continues to persist in waters of the Commonwealth. While this places...more
Pennsylvania’s general permit for discharges from hydrostatic testing of tanks and pipelines expired on December 20, 2014. Companies who have not previously obtained a general permit and are planning to conduct hydrostatic...more
The Pennsylvania Commonwealth Court ruled on January 7, 2015 that the Supreme Court’s interpretation of the Environmental Rights Amendment in Robinson Township, which was backed by only three justices, is nonbinding. The...more
In a huge victory for municipal governments and opponents of unconventional gas drilling, the Pennsylvania Supreme Court struck down portions of the commonwealth’s 2012 Oil and Gas Act (also known as “Act 13”). This Alert...more
The Pennsylvania Supreme Court recently held in Bowling v. Office of Open Records, No. 20 MAP 2011, 2013 WL 4436219, at *1 (Pa. Aug. 20, 2013), that courts reviewing pending cases under the state’s Right-to-Know Law (“RTKL”)...more
In a decision that will impact land-development projects nationwide, the U.S. Supreme Court held this week that the government may not condition a land-use permit on mitigation requirements that do not have an essential...more
6/27/2013
/ Dolan v City of Tigard ,
Fifth Amendment ,
Koontz v St John's River Water Management ,
Land Developers ,
Nexus ,
Nollan v California Coastal Commission ,
Permits ,
Rough Proportionality Test ,
SCOTUS ,
Takings Clause ,
Wetlands