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Exclusive Federal Jurisdiction Over RCRA Citizen Suits 21 Aug 2013 | 03:39 am
My August column in the Pennsylvania Law Weekly considers the recent decision in Litgo New Jersey, Inc. v. Commissioner New Jersey Dept. of Envt’l Prot’n, No. 12-1288 (3d Cir. Aug. 6, 2013). Litgo is...
Rule 68 Offers of Judgment in Federal Environmental Citizen Suits 29 Jul 2013 | 03:57 am
My July column in Pennsylvania Law Weekly considers the implications of the court of appeals’ recent decision in Interfaith Community Organization v. Honeywell International, No. 11-3813 (3d Cir July...
Supreme Court Decision Limits Ability of Government Agencies to Impose ‘Extortionate’ Permit Conditions on Landowners 27 Jun 2013 | 11:04 pm
On June 25th, the U.S. Supreme Court issued an important Takings Clause decision with far-reaching implications for real estate developers and others who rely on federal or state permits. In Koontz v....
Surprise – USEPA Misses Another Deadline for Issuing Draft Stormwater Regulations 19 Jun 2013 | 06:54 pm
If you have been following this issue closely, it will come as little surprise that USEPA has missed yet another deadline for issuing a draft rule regulating stormwater discharges from developed and r...
Regulating Fracking: Zoning and States’ Interests 11 Jun 2013 | 10:20 pm
From Jillian Bunyan of GT Philadelphia: In her recent Pennsylvania Law Weekly article, Jillian Bunyan discusses the issue of local zoning and hydraulic fracturing (“fracking”). Ms. Bunyan uses the rec...
Massachusetts Appeals Court Throws Out Contractual Limitations Period in Environmental Consulting Agreement 5 Jun 2013 | 06:14 pm
Anyone who has reviewed the standard terms and conditions that accompany environmental consulting agreements is familiar with the various ways in which environmental consultants seek to limit their ex...
One Step Forward, One Step Back – NY Moves Forward on Its Environmental Self-Audit Policy as EPA Looks to Retreat 15 May 2013 | 01:40 am
New York’s Department of Environmental Conservation (DEC) recently proposed an environmental “audit incentive” policy, which is similar to the United States’ Environmental Protection Agency’s (EPA) lo...
New York Appellate Court Affirms Broad Right of Local Governments To Use Zoning to Ban Gas Drilling 2 May 2013 | 08:55 pm
From Steven C. Russo of GT New York: In a much awaited ruling, an upstate New York appellate court unanimously upheld the right of local governments to zone out gas drilling. The case, Norse Energy v...
Pennsylvania Supreme Court Maintains Presumption that Oil and Gas are Not “Minerals” 26 Apr 2013 | 05:46 pm
On Wednesday, the Pennsylvania Supreme Court decided Butler v. Charles Powers Estate, No. 27-MAP-2012 (Pa. Apr. 24, 2013), re-affirming the general presumption in Pennsylvania law that a deed that con...
Untitled 23 Apr 2013 | 06:50 pm
In his recent Pennsylvania Law Weekly article, Kyle Johnson of GT Philadelphia discusses a recent decision from the federal district court in Pittsburgh, Wiseman Oil v. TIG Insurance, 2013 U.S. Dist. ...
