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Crystal Ball Perspective: Will Healthcare Reform be Repealed if Romney Wins the Presidential Election?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?
California continues to move forward with more infrastructure improvement projects. According to an article in the Daily Republic, Agency starts eminent domain proceedings for I-80/680 project, the Solano Transportation...more
In Lost Tree Village Corporation v. United States, the Federal Circuit addressed this question head on, concluding, to the surprise of no one, that the answer will largely depend upon the unique facts in each case. ...more
2.1 Shell issued proceedings against the six named defendants on the 4th March, 2005 with a statement of claim being delivered on the 18th April. Damages were sought together with various orders restraining the defendants...more
As we previewed in our recent "year in review" piece, the U.S. Supreme Court has some takings issues before it this term. One case, Koontz v. St. John's River Water Management District, took center stage yesterday. ...more
Meaningful CEQA reform is a topic much discussed by politicians and stakeholders, but its realization remains elusive. For example, in-fill exemptions are fettered with multitudes of complex and convoluted conditions and...more
Those don't quite sound like the lyrics to the early-90's popular Ace of Base hit, "The Sign." But they likely describe the situation of many travelers on the I-10 freeway in Los Angeles thanks to a recent California Court...more
Preserve Wild Santee v. City of Santee Finds That CEQA Allows Courts to Issue Limited Fix-It Tickets for CEQA Deficiencies in EIRs Rather Than Decertifying the Entire EIR and Invalidating All Related Project Approvals.
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
In City of Maywood v. Los Angeles Unified School District, 2012 DJDAR 9925 (2012), the California Court of Appeal for the Second Appellate District decided a novel attorney fee case. The case arose out of a petition for a...more
The California Supreme Court recently reinforced the CEQA requirement that a party must exhaust administrative remedies even where the public agency finds a project exempt from CEQA, if the agency (a) gave notice of the...more
The California Supreme Court recently held that the exhaustion-of-administrative-remedies requirement found in Public Resources Code § 21177, subdivision (a), applies where a public agency determines that a proposed project...more
The Fifth Circuit Court of Appeals vacated the U.S. Environmental Protection Agency’s (EPA) disapproval of Texas’ State Implementation Plan (SIP), finding that the EPA’s action was arbitrary and capricious. In Luminant...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
On April 17, 2012, the Court of Appeal for the Second Appellate District issued its opinion in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority holding that in certain circumstances – projected future...more
IN THIS ISSUE:
- Michigan Legislature Reacts Quickly To Dramatic Nonrecourse Liability Decisions
Michigan became the focus of national attention in the world of commercial real estate finance in December, when the...more
In a case addressing important issues affecting local agencies and landowners (disclaimer: I represented the County of Napa in the trial court and on appeal), the First District (Division 4) Court of Appeal on April 20, 2012...more
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
On March 21, 2012, the California Supreme Court denied a petition for review of the Second District’s published opinion in Ballona Wetlands Land Trust, et al. v. City of Los Angeles (2011) 201 Cal.App.4th 455 (“Ballona...more
The United States Supreme Court has unanimously ruled that Environmental Protection Agency (EPA) administrative orders under the Clean Water Act are subject to pre-enforcement judicial review. However, the Supreme Court’s...more
On March 21, 2012, the Supreme Court of the United States issued its decision in Sackett v. Environmental Protection Agency, a major victory for persons subjected to administrative "compliance orders" of the EPA, which the...more
On March 21, 2012, the U.S. Supreme Court ruled that landowners may bring a civil action under the AdministrativeProcedure Act to challenge administrative compliance orders issued under the Clean Water Act. Sackett v. EPA, __...more
In a unanimous decision, the U.S. Supreme Court has ruled that two Idaho property owners may bring a legal challenge to the U.S. Environmental Protection Agency’s (“EPA”) issuance of an administrative order that required the...more
In Sackett et vir v. Environmental Protection Agency, the United States Supreme Court held unanimously that a compliance order issued under §309(a)(3) of the Clean Water Act2 is “final action” that is subject to judicial...more
The Supreme Court today handed down its decision in the widely discussed case of Sackett v. Environmental Protection Agency, addressing the question of whether a regulated party can obtain pre-enforcement review of EPA...more
The United States Supreme Court issued a decision yesterday in the case Sackett v. Environmental Protection Agency. The Sackett case is an important development for property owners because the Court held that a compliance...more
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