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The Legal Intelligencer

Authority Must Pay $1.25 Million for Condemned Property

According to the pretrial memo of condemnees, John E. and Joyce E. Gearhart, the Redevelopment Authority of the City of York filed a declaration of taking under the state's Eminent Domain Code in February 2014, seeking to take property the Gearharts owned that was located in York. The nearly three-acre parcel housed a vacant building that had been the York County Prison until the facility was closed in 1979, the memo said.
8 minute read

New York Law Journal

Drone Operation Is Ripe for Regulation in New York, Lawyers at State Bar Meeting Say

The Federal Aviation Administration's rules on drone operation leave plenty room for state and local governments in New York to set their own policies, experts told the New York State Bar Association's annual meeting.
9 minute read

New York Law Journal

Two Decisions Address FOIL, FOIA Issues and a Motion to Disqualify a Firm

In her Western District Roundup, Sharon M. Porcellio explores some of the nuances and interplay of the Freedom of Information Act and Freedom of Information Law in relation to New York's various public authorities, and discusses the court's finding that plaintiff filed a motion to disqualify defendants' counsel for tactical reasons.
19 minute read

New York Law Journal

Chief State Energy Regulator Named CEO of Australian Grid Operator

Chief New York state utility regulator Audrey Zibelman will step down to become the chief executive officer of the Australian Energy Market Operator.
3 minute read

New York Law Journal

Cuomo Acts to Protect Contraception Coverage, but Insurers Question 'Unprecedented' Regulatory Move

Anticipating possible coverage gaps as the Trump administration reworks the Affordable Care Act, Gov. Andrew Cuomo has directed that all commercial health insurance policies in New York state provide contraceptive and medically necessary abortion coverage without co-pays, co-insurance or deductibles.
8 minute read

The Legal Intelligencer

EQT Prod. Co. v. Dep't of Envtl. Prot., PICS Case No. 17-0066 (Pa. Commw. Jan. 11, 2017) Brobson, J. (25 pages).

By | January 20, 2017
The court granted declaratory relief with respect to the proper interpretation of §301 of the clean streams law in petitioner's application for summary relief challenging the department of environmental protection's assessment of civil penalties for continuing and ongoing impacts after the initial discharge of industrial waste from petitioner's impoundment system because a violation of §301 occurred when a person allowed industrial waste to enter into the waters of the commonwealth and once it ceased that conduct, violations ceased. Petition granted in part.
6 minute read

The Legal Intelligencer

Capaldi v. Worker's Comp. Appeal Bd., PICS Case No. 17-0061 (Pa. Commw. Jan. 9, 2017) Leavitt, P. J. (21 pages).

By | January 20, 2017
Workers' compensation appeal board properly rejected firefighter's claim that his squamous cell carcinoma was a work injury because his medical evidence did not show that his illness was a type of cancer caused by IARC Group 1 carcinogens and thus, it was not an occupational disease under §108(r), the presumption of compensability was not available to claimant and he was unable to prove compensability under §108(n) because his medical evidence was rejected. Affirmed.
6 minute read

Connecticut Law Tribune

Fund Mental Health

By | January 20, 2017
Treating mentally ill the same as people accused of crimes has had a catastrophic effect on our justice system: prison overcrowding is, in part, caused by the warehousing of the mentally ill.
5 minute read

New Jersey Law Journal

Justices Ask for Federal Government's Views on NJ Sports Betting Plan

Gov. Chris Christie got some good news Monday in his long battle to legalize sports betting. The U.S. Supreme Court asked the U.S. solicitor general to submit a brief detailing the federal government's position on the issues raised by a challenge to New Jersey's sports wagering law.
9 minute read

The Legal Intelligencer

Court Rejects Ongoing Penalties for Continuous Pollution

Pennsylvania's Clean Streams Law does not authorize the state Department of Environmental Protection to issue ongoing penalties against companies for the continued presence of pollutants in state waters, the Commonwealth Court has ruled.
11 minute read

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