Municipalities

News & Analysis as of

Sewer Connection Must Be By The Least Restrictive Means

Barbara L. Yoder and Joseph I. Yoder (“Owners”) own a home in Sugar Grove Township, Pennsylvania (“Township”), which has a mandatory sewer connection ordinance (the “Ordinance”), requiring connection to the Sugar Grove Area...more

Massachusetts Legislature Overhauls Public Records Law

Last week the Massachusetts Legislature adopted significant changes to the Massachusetts Public Records Law. These changes apply to all state agencies and municipalities and in theory are designed to improve the disclosure of...more

Municipalities, Farmers, and Manufacturers Targeted by EPA's New Enforcement Initiatives

Municipalities and those involved in animal feeding and food manufacturing operations take heed: heightened EPA scrutiny is coming your way!...more

Legislature Imposes New TIF Restrictions While Offering Reprieve for TIF Reporting Violations

The Missouri legislature passed new legislation amending the Tax Increment Financing (TIF) laws that, subject to Gov. Jay Nixon's decision to sign into law, is expected to go into effect on or about August 28, 2016....more

Update: New Legislation Creates Land Banks

Valuable Tool for Municipalities Seeking to Redevelop Brownfield Sites - On May 4, the General Assembly passed Public Act 16-115, An Act Concerning The Creation Of Connecticut Brownfield Land Banks, Certain Lender...more

North Carolina Legislative Report

Lawmakers returned to Raleigh for the Regular Session April 25, 2016. The MVA Public Affairs Legislative Report on North Carolina will be distributed weekly during session to keep you up to date on the latest legislative...more

New Kansas Act Allows Relief for Purchase of Contaminated Property

On May 9, 2016, Kansas Governor Sam Brownback signed into law the Contaminated Property Redevelopment Act (the “Act”). The goal of this Act is to allow purchasers in Kansas to acquire real property with pre-existing...more

Orange County Adopts Increased School Impact Fees with Two-Stage Implementation Dates

On May 10, 2016, the Orange County Board of County Commissioners voted to substantially increase School Impact Fees throughout the County, including all of the municipalities. The new rates will take effect in two stages: ...more

Pennsylvania’s New Law for Valuing Acquired Municipal/Authority Water and Wastewater Systems

On Thursday, April 14, 2016, Pennsylvania Governor Tom Wolf signed Act 12 of 2016 (Act 12) into law. Among other things, Act 12 revises Chapter 13 of the Pennsylvania Public Utility Code (the Code) to provide a framework for...more

U.S. EPA Issues Final Storm Sewer General Permit for 260 Massachusetts Municipalities

On April 13, 2016, the U.S. Environmental Protection Agency (EPA) issued a final general permit updating requirements for small “Municipal Separate Storm Sewer Systems” (MS4s) located in Massachusetts. Regulated MS4s...more

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

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