Robinson Twp. v. Commonwealth, No. 63 MAP 2012 (Pa. Dec. 19, 2013), upended a lot of what we thought we knew about the Environmental Rights Amendment to the Pennsylvania Constitution, Pa. Const. art. I, § 27. My January column in the Pennsylvania Law Weekly / Legal Intelligencer addresses that aspect of the decision, one that
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Vapor Intrusion Risk Insufficient to Trigger EIR for Urban Infill Project
In Parker Shattuck Neighbors, et al. v. Berkeley City Council, et. al. (First Appellate District, December 30, 2013) (“Shattuck Neighbors”), the court upheld the City of Berkeley’s approval of a mitigated negative declaration (“MND”) for a residential infill project. The court found no Environmental Impact Report (“EIR”) was necessary because the expert opinion upon which…
The Fifth Circuit’s Latest Longshore and Harbor Workers’ Compensation Ruling
By Kean Miller
In its most recent decision regarding Longshore and Harbor Workers’ Compensation Act (LHWCA) coverage, namely New Orleans Depot Services, Inc. v. Director, Office of Workers’ Compensation Programs, 718 F.3d 384 (5th Cir. 2013) (en banc), the United States Fifth Circuit Court of Appeals defined “adjoining” as used in the LHWCA to mean “bordering on or…
Is your Business Ready for EU Labelling Changes?
By Nicola Smith & Rob Elvin
The EU Food Information for Consumers Regulation will apply in the UK from 13 December 2014. The Regulation will mean a number of significant changes for the labelling of pre-packed food.
A recent client alert by Squire Sanders lawyers Rob Elvin and Nicola Smith identifies important changes for business operators.
Implications of EPA’s Shrinking Enforcement Effort
On November 19, EPA issued a discussion draft of its fiscal year 2014-18 strategic plan. This draft is notable for an explicit statement that EPA intends to reduce very significantly the resources it devotes to enforcement. That is good and bad for regulated entities. On the negative side, private NGOs may fill the void…
“Statutory breach of duty” presumption removed from UK employers’ liability regime
Tuesday 1 October 2013 saw the biggest change to employers’ liability in the United Kingdom for over twenty years when s.69 of the Enterprise and Regulatory Reform Act (ʺERRAʺ) 2013 came into force.
In the 2011 “Reclaiming health and safety for all” report published by Professor Löfstedt, the Government was urged to consider…
Valuing Contaminated Property
If you know contaminated industrial property would be worth $X clean, what is the proper way to value the contamination? Maybe it is just the “cost to cure,” but that does not capture any “stigma” that may stay with the property. And then there is a wrinkle if the property is the subject of an agreement…
Set Your Energy Efficient Microwave Oven’s Timer, And Get Ready to Comment on the Social Cost of Carbon
In June, we wrote about the Obama Administration increasing the Social Cost of Carbon. Predictably, people were unhappy about being informed of the increase through a regulatory impact analysis that dealt with energy efficiency standards for microwave ovens. The lackluster reveal attracted so much attention that the Obama Administration recently announced that it will provide…
OIG Report Criticizes CMS’ RAC Program
The Office of Inspector General (“OIG”) of the United States Department of Health and Human Services (“HHS”) has issued a report criticizing the Centers for Medicare and Medicaid (“CMS”) and its Recovery Audit Contractor (“RAC”) Program. In a report issued on September 4, 2013, the OIG determined that CMS need to take corrective action on…
Congress and State Officials Increase Scrutiny of US EPA “Sue and Settle” Rulemaking
Fed up with USEPA’s “sue and settle” rulemaking tactics, the regulated community’s complaints have resulted in increased scrutiny of the practice by members of Congress and state officials and has even resulted in recent litigation. Our prior article details the specifics of USEPA’s “sue and settle” rulemaking practices, but in essence, it is where USEPA has been sued (or…