Pennsylvania municipalities are empowered not only to adopt ordinances and enforce them but to establish fines and penalties for violations of the same. However, municipalities are creatures of statute and authorized only to act within the bounds of the powers granted to them by the General Assembly. In their recent article, Accumulating Accountability: Commonwealth Court Reviews Constitutional Limits on Cumulative Municipal Fines, Attorneys Michael Korns and Anna Skipper Jewart explain that the power of a municipality to seek fines and penalties is not only limited by the state statute that authorizes it but confined by the protections of the state and U.S. Constitution. To read the full article, click here.
On Feb. 19, 2025, U.S. Equal Employment Opportunity Commission Acting Chair Andrea Lucas announced that the agency will direct its focus on protecting American workers from unlawful national origin discrimination (the February 2025 EEOC guidance). In a shift from previous priorities usually relating to the prevention of discrimination against foreign nationals and historically marginalized groups, the EEOC’s new enforcement priority will likely lead to an increase in investigations, compliance checks and litigation relative to the protection of American workers from alleged discrimination. If you have questions about unlawful national origin discrimination or the February 2025 EEOC guidance discussed, contact Erin Lucas Hamilton or Cella Iovino.
In a recent case, the Pennsylvania Commonwealth Court found that the use of an attestation may negate the need for a full privilege log when responding to a Right-to-Know Law request where there are redacted privileged documents and an attestation providing context for the privilege. In her recent article Pennsylvania Right-to-Know Law Update: The Death of the Attorney-Client Privilege Log? with Michael Korns, Anna Hosack provide this Pennsylvania RTKL Update.
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.