Read Administrative Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Konczal: Dodd-Frank Reforms Get Roughed Up in Court
Medicaid Receiving Startlingly Little Attention As Everyone Discusses Medicare
Obama Administration Calls for Free Access to Federally Funded Research
Can Virginia Block Non-Residents from FOIA Requests? Supreme Court Hears Oral Arguments
Should Wall Street Fear Mary Jo White?
Looking Ahead to Washington State’s Legalized Marijuana Marketplace
Congressman: My Plan Would Reduce Student Loan Defaults: Video
Local Governments Continue to Fight States for Right to Govern Fracking
Tax Questions to Ask Yourself with the End of 2012 and the Fiscal Cliff Approaching
Obama Blocks Chinese-Owned Wind Project Out of Concerns for National Security
Crystal Ball Perspective: Will Healthcare Reform be Repealed if Romney Wins the Presidential Election?
Stewart Baker, Former GC of NSA, on Why the Cybersecurity Act Failed & Threat of Tomorrow’s Terrorism
Not Prepared for Healthcare Reform? Three things employers need to focus on now.
Who pays for road damage in Pennsylvania after ACT 13?
Smartphone Data Solution: Sharing Airwaves
The Apellate Process Explained - Kathi Sandweiss discusses the appeals process and what it can and can't do for your situation.
Marcellus gas fuels Natural Gas Vehicles
Natural gas encourages industrial and large commercial end-users to revisit their operational plans
NLRB Posting Rule Delayed Again, Will We Ever See Resolution?—McKenna Long's Seth Borden
Is there a way to safely use social media in the interview process?
The Crandall Canyon Utah coal mine operator agreed to pay $949,351 to settle civil penalties MSHA levied following an accident in 2007 that took the lives of . six miners, followed by the deaths of three additional personnel,...more
On January 4, 2013, the Wisconsin Public Service Corporation agreed to pay more than $300 million as part of a settlement reached with the EPA and the Justice Department regarding alleged violations of the Clean Air Act. The...more
On November 21, 2012, the California Court of Appeal (Sixth District) handed down its lengthy and long-awaited ruling in the Santa Maria groundwater litigation, which commenced in 1997. Although it reverses the Judgment on...more
In New Jersey Dept. of Environmental Protection v. Dimant, 212 N.J. 153 (2012), the New Jersey Supreme Court held that the New Jersey Department of Environmental Protection (NJDEP) must establish, by a preponderance of the...more
As required under the federal Clean Air Act, the Sierra Club has filed a “notice of intent to sue” alleging at least 1330 air quality violations by DTE Energy coal-fired power plants: St. Clair, Belle River, and Trenton...more
The California Air Resources Board (CARB) proceeded today with the inaugural carbon allowance auction for its impending “cap-and-trade” greenhouse gas (GHG) emissions regulation program, despite a lawsuit filed yesterday by...more
California’s largest business lobby filed a lawsuit yesterday seeking to invalidate California’s first greenhouse gas (GHG) emissions allowance auction scheduled for today....more
It has been rumored for weeks that a Cap and Trade lawsuit was imminent. The questions were: who would file the lawsuit, when, and on what grounds? Those questions were answered, at least in part, today. The case is...more
On November 8, the Securities and Exchange Commission (“SEC”) rejected a request by industry groups to stay new regulations requiring disclosure of payments to governments relating to oil, gas, and mining projects. The...more
On November 8, 2012, the SEC rejected a motion to stay the resource extraction rules pending outcome of litigation challenging the validity of the rules....more
On October 15, 2012, IOGA-WV, the Independent Petroleum Association of America (“IPAA”) and five other state-level oil and gas associations filed suit in the D.C. Circuit Court of Appeals challenging the U. S. Environmental...more
By a per curiam (“for the Court”) decision issued on October 19, 2012, the West Virginia Supreme Court of Appeals ruled that the West Virginia Department of Environmental Protection (“WVDEP”) is obligated to pay the Hominy...more
On Friday, in Native Village of Kivalina v. ExxonMobil,the 9th Circuit Court of Appeals may have sounded the death knell for public nuisance litigation concerning the impacts of climate change, affirming dismissal of the...more
A court of appeal recently held that a privately-owned utility company may be held liable for inverse condemnation as a public entity. (Pacific Bell Telephone Company v. Southern California Edison Company (--- Cal.Rptr.3d...more
In This Issue:
- Obama Directive Aims to Ease Regulatory Burden
- Kline Seeks Data on Advance Notice, MSHA Injuries
- OSHA Inconsistent on Safety Incentive Program Criteria, GAO Says
- IARC Claims Diesel Exhaust...more
On June 15, the FHFA, as required by a preliminary injunction from the Northern District Court of California, issued a notice of proposed rulemaking on state and local energy retrofit financing arrangements known as Property...more
On June 6, 2012 South Carolina’s General Assembly ratified and Governor Nikki Halley signed into law a bill that repeals a 2011 ruling from the State Supreme Court. In Georgetown County League of Women Voters v. Smith Land...more
On May 29, 2012, the Central District of California dismissed a lawsuit filed by a number of environmental groups seeking to apply the Resource Conservation and Recovery Act (“RCRA”) to any gaseous emissions that have the...more
Yesterday, the District Court for the District of Columbia dismissed the so-called “public trust” climate change law suit. I will certainly give the plaintiffs in these cases credit for both originality and persistence. Legal...more
As reported in the March edition of The Shale Play Today, seven Pennsylvania municipalities filed suit in the Commonwealth Court on March 29, 2012, challenging the provision of Act 13 providing that state law preempts the...more
The second anniversary of the April 20, 2010 Deepwater Horizon oil spill highlights the big legal risks that come from an oil spill, whether at wells such as BP’s Macondo well, or at pipelines, terminals, storage tanks, or on...more
California applied a $38 million penalty against Pacific Gas & Electric Co. for a 2008 gas explosion in which one person died and five were injured, caused by a faulty pipeline installation and failed oversight.
I have had a number of clients ask me recently about the status of EPA’s efforts to regulate coal combustion residuals under RCRA. It turns out that some environmental groups have been asking themselves the same question....more
In two separate decisions issued last week, the Supreme Court of the State of New York (the state's trial level court) upheld the Town of Dryden's ban on hydraulic fracturing (or fracking) in Tompkins County, and...more
In the trial court, Campbell County lost, and lost big. The judgment appealed to the Virginia Supreme Court included $9 million in damages, plus another $600,000 in attorneys’ fees and costs. On appeal, the County won just as...more
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