On November 20, 2024, the Pennsylvania Supreme Court unanimously upheld the constitutionality of state preemptive firearm laws that prohibit municipalities from passing local gun regulations. Attorneys Michael T. Korns and Anna Hosack discuss the implications of this decision for municipalities on gun regulation in Pennsylvania.
To read the full article, click here.
Ordinance enforcement is an essential function for a municipality to keep its residents and community functioning efficiently. In their recent article in The Legal Intelligencer, Robert Max Junker and Morgan Madden explain the goal of zoning enforcement is to “ensure compliance with an ordinance such that the community is protected.” To read the full article, click here.
In her recent article Right-To-Know Law Policy Update in the Wake of Anonymous FOIA Buddy Record Requests with Max Junker, Anna Hosack provides a Right-to-Know Law Policy Update in Wake of Anonymous FOIA Buddy Record Requests. To view the full article, click here.
In their recent article Public Posting 2.0: High Court Creates Test for When Social Media Posts Are State Action with Harley Stone, Anna Jewart and Alex Farone explain the issue that the U.S. Supreme Court weighed in on: When does a public official’s social media activity on a personal account constitute state action, subjecting the public official to liability? They also discuss how municipalities should take this opportunity to revisit their internal policies concerning social media. To read the full article, click here.
In her recent article When Standing Won’t Stand – Pennsylvania Supreme Court Rules that a Grant of Party Status by a Zoning Hearing Board Does Not Automatically Convey Appellate Rights with Michael Korns, Anna Hosack discusses the Pennsylvania Supreme Court addressing the question of who is entitled to standing in matters before a municipal zoning hearing board, and more importantly, who has standing to file an appeal from a board decision. To read the full article, click here.
In her recent article Forum Non Conveniens – Pennsylvania’s Jurisdiction Jigsaw Puzzle with Casey Coyle, Carla Castello discusses the doctrine of forum non conveniens and how it has become a defendant’s last line of defense against forum shopping. Through a series of recent decisions, however, the Pennsylvania Superior Court has sown uncertainty in the once-settled area of the law. To read more, click here.
In their recent article Public Advertising Cheat Sheet: A Local Government Guide to Mandatory Advertising and Posting Requirements with Stephen Korbel, Anna Jewart and Anna Hosack discuss municipal enabling legislation that imposes advertising and other requirements for the approval of ordinances, bidding processes, approval of budgets, and other matters. To read the full article, click here.
In her recent article EPA Finalizes New Suite of Clean Air Act Regulations for Oil and Gas Industry with Gary Steinbauer, Christina Puhnaty discusses the new suite of federal air regulations following the U.S. Environmental Protection Agency’s recent finalization of its far-reaching Methane Rule. They focus on critical aspects of the Final Rule, including key changes that EPA made since issuing the Proposals. To read the full article, click here.
In her recent article To Infinity and Beyond? Pa. Supreme Court Casts Doubt Upon Presumptive Constitutional Limit for Punitive Damages with Casey Coyle and Austin Rodgers, Stefanie Mekilo discusses a recent ruling from the Pennsylvania Supreme Court. To view the full article, click here.
In her recent article A Municipality’s Struggle to Remove Resident’s Junk Vehicles: How to Avoid a Fight Over Blight with Blaine Lucas, Anna Hosack discusses how the Pennsylvania Commonwealth Court in Township of Cranberry v. Spencer, Nos. 568, 569, and 570-CD-2022 (Pa. Cmwlth. Aug. 30, 2023) (Spencer II) recently considered one municipality’s decades long battle over operation of a junkyard in violation of its zoning ordinance. To read the full article, click here.
In her recent article DEP’s Interim Final Environmental Justice Policy and Mapping and Screening Tool Now in Effect with Sean McGovern, Amanda Brosy discusses the recent release of the Interim Final Environmental Justice Policy along with the latest Environmental Justice Mapping and Screening Tool (PennEnviroScreen) by the Shapiro administration. To read the full article, click here.
In her recent article DOL Proposes Rule Change Permitting Unions to Participate in OSHA Workplace Walk-Throughs with John McCreary, Janet Meub discusses the U.S. Department of Labor (DOL) publishing a Notice of Proposed Rulemaking that would permit union representatives and other nonemployees to participate in workplace inspections conducted by Occupational Safety and Health Act Compliance and Safety Officers (CSHOs). To read the full article, click here.
In her recent article Public-Posting: Penncrest, Boyer, and the Release of Social-Media Under the RTKL with Harlan Stone, Anna Jewart discusses the Commonwealth Court decisions in Penncrest School District v. Cagle, 293 A.3d 783 (Pa. Cmwlth. 2023), and Wyoming Borough v. Boyer, No. 715 C.D. 2021 (Pa. Cmwlth. July 27, 2023).
In her recent article Seeing the Forest for the Trees: Understanding How Original Jurisdiction in ACRE Cases Impacts Your Municipality with Michael Korns, Anna Hosack discusses a recent opinion from the Pennsylvania Commonwealth Court that shows the dangers of relying solely on the MPC procedural rules when other statutes are also potentially in play and highlights the importance of understanding when the normal day to day protocols of the MPC may be superseded by other laws. To view the full article, click here.
In their recent article Questions Abound Following Right-to-Know Law Decision Involving Student Records with Casey Alan Coyle, Anna Jewart and Anna Hosack discuss Right-to-Know Law, and the latest in a line of cases considering the intersection of the federal Family Educational Rights and Privacy Act and the Pennsylvania Right-to-Know Law. Given unanswered questions, school districts and other commonwealth and local agencies should proceed cautiously when addressing Right-to-Know requests. Click here to view the full article.