Articles, Newsletters & Advisories
October 2, 2018Sixth Circuit Decisions Create Circuit Split on Clean Water Act’s Regulation of Discharges to Groundwater
Podcast: Finding Value in Value Assurance Programs (VAPs)
September 27, 2018New PHMSA Rulemaking Proceeding Targets Changes to Class Location Requirements
September 24, 2018Pennsylvania court opens door to claims of trespass by fracking
September 18, 2018Fourth Circuit Rules that Coal Ash Ponds and Landfill are not “Point Sources” under the Clean Water Act
Keith J. Coyle: Oppose the ban on pipeline construction
A moratorium on pipeline construction will make Pennsylvania less safe
Commonwealth Court invalidates portions of Chapter 78a regulations as unlawful
August 31, 2018Federal Court Enjoins West Virginia County from Using Zoning Laws to Interfere with Construction of Compressor Station
August 30, 2018Under Secretary of Transportation for Policy Derek Kan joins Congressman Keith Rothfus to Meet with Local Transportation and Infrastructure Industry Professionals and Leaders
August 29, 2018Pennsylvania Commonwealth Court Invalidates Portions of Chapter 78a Regulations as Unlawful
August 27, 2018As Big Law Steps on Their Turf, Midsized Firms Bet on Niche Practices
August 24, 2018Raise It or Waive It: Standing Can Play a Critical Role in Zoning Hearings
Federal Court Partially Vacates U.S. EPA’s 2015 Coal Combustion Residuals Rule
- The Court granted EPA’s motion for a voluntary remand on three parts of the Rule:
- The definition of “Coal Residuals Piles”…
August 20, 2018Obama-Era WOTUS Rule Back In Effect, What Happens Now?
August 16, 2018Is Your Employee Handbook Up to Date? Compare It With This Checklist
- Do employees sign a signature page, confirming they received the handbook?
- On the signature page, do employees agree to follow the policies in the handbook?
- Does the signature page state that this handbook replaces any previous versions?
- On the signature page, do employees agree that they will be “at-will” employees?
- Do employees agree that the employer may change its policies in the future?
- Does the employer confirm that it will pay employees for all hours worked?
- Before employees work overtime, are they required to obtain a supervisor’s approval?
- During unpaid breaks, are employees completely relieved of all duties? (For example, while a receptionist takes an unpaid lunch break, this person shouldn’t be required to greet visitors or answer phone calls.)
- Are employees paid when they attend a business meeting during lunch?
- Are employees paid for attending in-service trainings?
- Are employees paid while they take short breaks?
- Has the employer considered combining vacation time, sick time, and personal time into one “bucket” of paid time off?
- Does the paid time off policy line up with the employer’s business objectives? (For example, does it provide incentives for employees to use paid time off during seasons when business is slower?)
- Does the handbook say what will happen to paid time off when employment ends? (In Pennsylvania, employers are not required to pay terminated employees for the value of their paid time off. Some employers choose to do this, as an incentive for employees to give at least two weeks’ notice.)
- If the Family and Medical Leave Act (FMLA) applies to the employer, does the handbook inform employees of their rights?
- Does the handbook list all types of…
Pittsburgh’s Babst Calland Bulks Up Emerging Tech Practices
August 15, 2018Five Babst Calland Attorneys Named as 2019 Best Lawyers® “Lawyers of the Year” and 33 Selected for inclusion in The Best Lawyers in America©
August 10, 2018Complexities in determining title to oil and gas under Pennsylvania roadways
August 1, 2018New PHMSA Rulemaking Proceeding Targets Changes to Class Location Requirements
July 30, 2018Federal pipeline safety agency weighs new approach to handling population shifts
The federal pipeline safety regulator may change the way it handles requirements for gas pipelines in areas where population density is on the rise, potentially addressing operator concerns about the disruptions that current policy can lead to.
When more people move into the areas around gas transmission pipelines, federal rules require pipe operators to shift the way they use their infrastructure, but the U.S. Pipeline and Hazardous Materials Safety Administration, or PHMSA, said July 30 that it is entertaining the idea of allowing companies to instead apply certain “integrity management” practices.
For the full article, click here. .
July 27, 2018Zoning Hearing Board: Overlooked, Misunderstood or Misapplied Principles
July 17, 2018The EPA and Corps Request Additional Comments on the Proposed Repeal of the Clean Water Rule
- The CWR exceeds the Agencies’ authority under the Act by (1) failing to give sufficient effect to the statute’s use of the term “navigable” to define the Agencies’ jurisdiction and (2) focusing too much on the biological and environmental importance of wetlands.
- The CWR is a misapplication of the “significant nexus” test for jurisdiction under the Act established by soon-to-be-retired U.S. Supreme Court Justice Anthony Kennedy in the 2006 decision in Rapanos v. United States, 547 U.S. 715…
July 16, 2018Energy Industry in WV and Ohio
July 13, 2018Delaware Riverkeeper Network and May Van Rossum v. PADEP and Constitution Drive Partners, LP
July 12, 2018Babst Calland Adds 3 Attys To Emerging Tech Practice