Municipalities

News & Analysis as of

EPA Releases Long-Awaited MS4 Permit for Massachusetts

As announced in the Federal Register this week, EPA finally released the General Permit for small Municipal Separate Storm Sewer Systems in Massachusetts (say that three times fast!) This permit has been in the works for...more

States & Municipalities – The Engines That Are Driving Legislative Activity

While many are mesmerized by the presidential primaries and remain frustrated by gridlock in Congress, states and municipalities are aggressively tackling social and economic issues that impact employers. The states of...more

North Carolina Legislative Report

Lawmakers will return to Raleigh for the short session April 25, 2016. The MVA Public Affairs Legislative Report on North Carolina will be distributed on a bi-weekly basis during the interim to keep you up to date on the...more

Tax Increment Finance (TIF) Update: HB 15-1348 Technical Corrections Bill Introduced

Last year’s HB 15-1348 created consternation among the lending community—and thus, in the private sector developer community—due to the uncertainty of whether and how the legislation could affect urban renewal plans and...more

Information Security and Privacy Group News: Cities and Towns Being Targeted by Hackers: Connecticut Municipalities Must Follow...

In the world of data breaches, John Chambers, CEO at Cisco, explained it best: "There are only two kinds of companies. Those that were hacked and those that don’t yet know they were hacked." With the ever increasing rate of...more

Pennsylvania Adopts Legislation to Expand Investment Options for Local Governments

New legislation in Pennsylvania expands the permissible financial products in which municipalities, school districts and municipal authorities may invest. Recently approved Pennsylvania legislation (Act No. 10 of 2016, the...more

Wisconsin municipal hydro project license extended

Federal energy regulators have granted a Wisconsin city's request to extend its hydropower project license for five years to allow time for comprehensive river corridor planning. The March 17 order was the result of a...more

So You Need A New Board Member: Legal Concerns When Filling Vacancies

For better or worse, elected municipal officials (such as school board members) are sometimes unable to complete their term of office, and thus boards of education are faced with having to fill vacancies. Here is a brief...more

Court of Appeals Upholds Maryland's Flexible Approach To Stormwater Permitting - Ruling Paves the Way for Counties to Seek...

The Maryland Court of Appeals has issued an important decision broadly upholding county stormwater permits issued by the Maryland Department of the Environment (MDE). The court's unanimous decision, authored by Judge Sally...more

Defence & Indemnity - February 2016: IV. Practice Issues: A. Costs per Schedule C can be increased for inflation and subjected to...

RVB Managements Ltd. v. Rocky Mountain House, 2015 ABCA 304, per Paperny, Watson, Slatter JJ.A. I. FACTS AND ISSUES - This was a $25 million tort claim against a municipality. It culminated in a long, 27-day trial...more

EPA and Municipalities Respond to Increased Concerns About Lead in Drinking Water

Since the public discovery of widespread lead contamination of drinking water in Flint, Michigan, there has been increased scrutiny on the status of drinking water regulation and aging water infrastructure. While the crisis...more

Consolidation of Illinois 911 Authorities Pursuant to Public Act 99-0006

The Illinois General Assembly in Summer 2015 adopted Public Act 99-0006 (Act), which significantly amended the Emergency Telephone System Act (50 ILCS 750) (ETSA) and repealed the Wireless Emergency Telephone Safety Act (50...more

EPA’s Charles River Two-Step

At least since the Standells’ Dirty Water in 1966, cleaning up the Charles River has been on the mind of Bostonians (and Cantabrigians and those farther upriver). Notwithstanding significant recent progress, there remains...more

Missouri municipal entities must follow statutorily-required steps before executing settlement agreements, consent orders

An often overlooked legal issue can cause significant adverse consequences for clients and lawyers alike when dealing with municipal entities. Missouri law requires municipalities to follow certain statutorily-required...more

Federal Court Strikes Town Ordinance Requiring Warning Labels

In a case that may have implications for chemical warning laws, a federal court in New York found a town’s efforts to require warning labels on pesticide-treated utility poles compelled non-commercial speech and infringed on...more

State Government Control of Local Water Systems

It is impossible to know the internal considerations of the North Carolina Supreme Court when it accepted for review the case of City of Asheville v. State of North Carolina and the Metropolitan Sewerage District of Buncombe...more

Challenge to FCC Preemption of State Prohibition on Municipal Broadband to be Heard in March

The Sixth Circuit Court of Appeals has set oral argument for 9:00 a.m., Thursday, March 17, 2016 on the appeals brought by the States of Tennessee and North Carolina challenging the FCC’s order striking down provisions of...more

Land Use Matters: Alston & Bird LLP, January 2016

On January 4, 2016, Mayor Eric Garcetti announced the nomination of Vince Bertoni as the new General Manager of the Department of City Planning (DCP). Bertoni has served five years as the City of Pasadena’s Planning and...more

Expropriation in Calgary: The Southeast LRT is Coming

The City of Calgary has identified portions or all of several dozen residential and commercial properties it may need to expropriate along the planned route of the Green Line Southeast LRT. Councillors debated the potential...more

Supreme Court of Pennsylvania Holds Lease Exception of Local Tax Enabling Act Does Not Prevent Business Privilege Tax from...

On December 21, 2015, the Supreme Court of Pennsylvania held that the exception in 53 P.S. §6924.301.1(f)(1) of the Local Tax Enabling Act (LTEA), which prohibits the taxation of leases and lease transactions, does not...more

Shrinking Buffer Zones? Municipalities Now Have Discretion to Decrease the 1,000 Foot Requirement

Looking for a location for a licensed marijuana premises? Changes to the buffer zone requirements may be headed to your fair city. Previously, the Washington State Liquor and Cannabis Board (“LCB”) would not issue a...more

Uncertainty Remains Surrounding the Nonprofit Hospital Tax Exemption

In a recent ground-breaking decision, the New Jersey Tax Court in AHS Hospital Corp., d/b/a Morristown Memorial Hospital v. Town of Morristown shattered the previous near incontestability of the tax exemption that has...more

Limitations and Notice Requirements for Tort Claims Against Government Entities

Alabama - Source of Government Immunity - - Claims against State: Ala. Const. art. I, §14. ..State is immune from tort actions. ..Bars (1) claims against the State, (2) claims against a State agency, (3)...more

Public Utility Companies Look to Gobble up Municipal Systems through Private Sales

Large privately held, publicly regulated utility companies with a focus on rapid growth and expansion throughout the Commonwealth have a new target - municipally owned water and wastewater systems. Pennsylvania legislation...more

[Event] Agribusiness Expansion Impacts on Wastewater Utilities: How to Plan and Support a Successful Project - Jan. 27th, Grand...

TECHNICAL AND ENGINEERING ISSUES FOR CONSIDERATION WHEN ASSESSING PROJECT VIABILITY David Filipiak and Wayne Langeland, Fishbeck, Thompson, Carr & Huber, Inc....more

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