Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
By Margaret Anne Hill, Michael L. Krancer, Frank L. Tamulonis III and Stephen C. Zumbrun | July 13, 2017
On June 20, the Pennsylvania Supreme Court issued its opinion in Pennsylvania Environmental Defense Foundation (PEDF) v. Commonwealth, 2017 Pa. LEXIS 1393 (Pa. June 20), in connection with the so-called Environmental Rights Amendment or ERA (Article 1, Section 27 of the Pennsylvania Constitution). Suffice it to say, the opinion has reopened the debate as to the meaning of the ERA, and more importantly, how the ERA is implemented as a practical and legal matter. In brief, the court ruled that amendments to the state's fiscal code (which sought to address budgetary shortfalls by redirecting money from a fund containing rents and royalties from oil and gas leases on commonwealth land to the general fund) violated the ERA. While the facts before the court were narrowly drawn, the court used the opportunity to revisit the decades old "test" applied in evaluating ERA claims, an issue it first addressed in its 2013 plurality opinion in Robinson Township v. Commonwealth, 83 A.3d 901 (Pa. 2013). It abruptly rejected the well-established Payne v. Kassab test and roughly 45 years of ERA-related case law, thereby placing the ERA, and industry, back into legal limbo. Despite some legal uncertainty, this opinion should not be interpreted as a major stumbling block to key energy and infrastructure projects.
By Michael Dillon | July 6, 2017
On June 2, the Commonwealth Court weighed in on the long-simmering national debate surrounding questions of when two or more facilities must be regulated as a single source under the federal Clean Air Act (CAA) and state air pollution control statutes. The U.S. Environmental Protection Agency and state agencies have sought to aggregate facilities where certain factors support a finding that the facilities are operationally related, and especially where the level of emissions from the combined source would trigger heightened regulatory or permitting requirements. National Fuel Gas Midstream v. Pennsylvania Department of Environmental Protection, No. 116 CD 2016 (June 2, 2017), provides some clarity about the meaning of the term "common control," one of the three factors for determining if facilities should be aggregated for air permitting purposes. The decision finds that regulated facilities should not be combined as a single source merely because they are each owned by a separate subsidiary of a shared corporate parent.
By thelegalintelligencer | The Legal Intelligencer | June 30, 2017
Board properly held that petitioner failed to establish that department's issuance of a permit for a well to be drilled on a slant with the bottom under a refinery storage tank was unreasonable or contrary to law because the board correctly applied the burden of proof, credible expert evidence supported the decision and Pennsylvania courts had held that hydraulic fracturing was not an abnormally dangerous activity. Affirmed.
By Zack Needles | June 26, 2017
The Pennsylvania Supreme Court has altered the future of disability benefits by invalidating the state Workers' Compensation Act's automatic adoption of "the most recent edition" of the American Medical Association Impairment Rating Guides—but has it also altered the past?
By Mark L. Greenfogel | June 15, 2017
Following a vote of 32-17 in the Senate earlier this month, the Pennsylvania House of Representatives Committee on Environmental Resources & Energy is considering an amendment to the Bituminous Mine Subsidence and Land Conservation Act of April 27, 1966, P.L. 31, as amended, 52 P.S. Sections 1406.1-1406.21 (BMSLCA or Mine Subsidence Act).
By Candee Wilde | June 15, 2017
The Commonwealth Court recently held that certain comprehensive general liability (CGL) "occurrence" insurance policies issued before the institution of a blanket pollution exclusion cover latent environmental contamination that occurred during the policy period, even when such contamination does not manifest until after the policy period expires. This holding identified latent environmental contamination as falling within an exception to the longstanding rule that CGL occurrence insurance policies are triggered by the first manifestation of injury, as in Pennsylvania Manufacturers' Association Insurance v. Johnson Matthey, No. 330 (Pa. Commw. Ct. April 21).
By Max Mitchell | June 12, 2017
The Commonwealth Court has approved the Pennsylvania Department of Environmental Protection's decision to allow a unique drilling process that a challenger argued is an "abnormally dangerous activity" occurring too close to an active oil refinery.
By thelegalintelligencer | The Legal Intelligencer | June 2, 2017
OOR erred in holding that a "well site" was not an "industrial plant" and court found that investigative reports pertaining to well sites were public records in a RTKL action but OOR correctly held that DEP met its burden of showing that certain records were exempt under the attorney-client privilege and/or work product doctrine, records relating to the location of radioactive material were exempt under public safety and security concerns, other documents were exempt under trade secret and confidential information, the notes and working papers, internal predecisional deliberation and noncriminal investigation exemptions. Affirmed in part and reversed in part.
By Zack Needles | May 26, 2017
In a ruling that could prove instructive to parties seeking to block construction of natural gas wells in their communities, the Commonwealth Court overruled an Allegheny County borough's denial of a driller's conditional use application, finding that the borough council relied on inadequate testimony by objectors.
By Max Mitchell | May 15, 2017
The state Supreme Court's most recent decision striking down portions of Act 13 dealing with eminent domain for oil and gas industry projects did not disturb a prior decision allowing Sunoco to condemn property for its Mariner East 2 pipeline, the Commonwealth Court has ruled.
Presented by BigVoodoo
The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.
Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.
The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.
Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...
Company Description CourtLaw Injury Lawyers is an established Personal Injury Law Firm with its primary office located in Perth Amboy, New J...
McCarter & English, LLP, a well established and growing law firm, is actively seeking a talented and driven associate having 2-5 years o...
MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS