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June 17, 2020 | The Legal Intelligencer

Commonwealth Court Sees Spot Zoning, Overturns Industrial Rezoning

The Commonwealth Court recently upheld such a challenge in Allen Distribution v. West Pennsboro Township Zoning Hearing Board, No 524 C.D. 2019 (Pa. Commw. Ct. May 11, 2020), finding that West Pennsboro's decision to change the zoning of two parcels constituted illegal spot zoning.
8 minute read
June 11, 2020 | The Legal Intelligencer

Pa. Proposes Changes for Permitting Projects With Stream, Wetland Impacts

The regulatory revisions, if promulgated, are expected to significantly change the Chapter 105 permitting process by increasing the level of required effort to complete an individual (joint) permit application and potentially increasing the time for the PADEP to review such applications.
5 minute read
June 04, 2020 | The Legal Intelligencer

What to Expect When You're Expecting OSHA to Visit Your Reopened Workplace

On May 19, OSHA issued two enforcement memos outlining its plans to inspect workplaces during the COVID-19 pandemic. These memos took effect on May 26.
4 minute read
ELG Utica Alloys Inc. v. Niagara Mohawk Power Corp.
Publication Date: 2020-05-29
Practice Area: Environmental Law
Industry:
Court: U.S. District Court for the Northern District of New York, U.S. - NDNY
Judge: District Judge Brenda Sannes
Attorneys:
For plaintiff: For Third-Party Defendant CBS Corporation: Alana E. Fortna, Babst, Calland, Clements and Zomnir, P.C., Pittsburgh, Pennsylvania.
For defendant: For Defendant/Third-Party Plaintiff Niagara Mohawk Power Corp. d/b/a National Grid: Yvonne E. Hennessey, Barclay Damon, LLP, Albany, New York.
Case number: 6:16-cv-01523

Contribution Claims Under CPLR §1401, State's Common Law Not Precluded by CERCLA

May 28, 2020 | The Legal Intelligencer

Project Labor Agreements Continue to Cause Controversy

In its complaint, the ABC alleges that the terms of the PLA effectively preclude nonunion workers and workers who belong to unions other than those affiliated with the Pittsburgh Regional Building Trades Council from performing construction work, and that the PLA compels workers to associate, join or pay dues to these unions as a condition of employment.
8 minute read
May 21, 2020 | The Legal Intelligencer

Strict Liability in Consumer Protection Lawsuits? Pa. Justices Urged to Look to Statute

According to an attorney for Ameriprise Financial Services, the fact that the words "strict liability" were not included in the catchall provision is proof enough that lawmakers never meant for a defendant's intent to be completely removed from the consideration in these cases.
3 minute read
May 07, 2020 | The Legal Intelligencer

Litigation Challenges Before the Pa. Environmental Hearing Board

Pennsylvania employs a unique judicial mechanism to resolve legal disputes which arise from final decisions made by the Pennsylvania Department of Environmental Protection (DEP or department). The Environmental Hearing Board (EHB or board) has been hearing appeals from department decisions for almost 50 years.
7 minute read
April 16, 2020 | The Legal Intelligencer

Commonwealth Court Update: Preliminary Opinions and Development Rights

The Pennsylvania Commonwealth Court, the statewide intermediate appellate court that hears and decides land use appeals, took a temporary hiatus from issuing opinions while the Unified Judicial System of Pennsylvania adapted to the COVID-19 pandemic.
8 minute read
April 02, 2020 | The Legal Intelligencer

US Supreme Court Update: Cases to Watch for CERCLA Practitioners

While there are several interesting environmental cases currently before the U.S. Supreme Court, two cases are particularly relevant for any legal practitioner handling Superfund cases, whether they involve site remediation issues or litigation over the cleanup costs.
7 minute read
March 31, 2020 | The Legal Intelligencer

PLW People in the News—March 31, 2020—Gross McGinley

Gross McGinley attorney Kellie Rahl-Heffner was as nominated board secretary for Pinebrook Family Answers.
3 minute read

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