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PA court permits condemnation benefiting private developer

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • August 27 2012

In Reading Area Water Authority v. The Schuylkill River Greenway Association, the Reading Area Water Authority condemned land for the construction, maintenance and operation of utility lines and appurtenance of a water main

Where is LEED going?

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • July 26 2012

Recently, the United States Green Building Council (USGBC) announced that it is delaying the balloting on a new and improved LEED standard for businesses and homes

Access to solar energy the focus of complaint in Douglass Township, PA

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • April 18 2012

On February 15, 2012, Citizens for Pennsylvania’s Future (PennFuture) served Douglass Township, Berks County, a 30-day notice of intent to file a lawsuit on behalf of its clients, the Noonans, against their neighbors to enforce the municipality’s solar energy zoning law

PA agency objects to eminent domain for pipeline project

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • January 29 2012

The Pennsylvania Game Commission filed a protest with the Federal Energy Regulatory Commission objecting to Central New York Oil and Gas Co. LLC’s attempt take over land the commission manages

Legislative update in Pennsylvania - January 2012

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • January 20 2012

House Bill No. 1484 proposes to amend the Pennsylvania Municipalities Planning Code (MPC) by adding a definition of a new term, “mailed notice,” and providing a mechanism by which landowners and owners of a mineral interest in land can obtain notice of various public hearings

Does the Surface Mining Reclamation Act preempt local zoning establishing setback requirements greater than contained in the act?

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • January 20 2012

In Hoffman Mining Company, Inc. v. Zoning Hearing Board of Adams Township, Cambria County and Township of Adams, 2011 WL 5865672 (Pa.), the Pennsylvania Supreme Court affirmed the decision of the Commonwealth Court on the question whether the Surface Mining Conservation and Reclamation Act (Surface Mining Act) preempted a provision in a local zoning ordinance that established a setback from all residential structures that was greater than the setback provisions of the Surface Mining Act

Restrictive covenants: a means to regulate ‘fracking’ in New York?

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • December 19 2011

New York State is in the process of allowing oil and gas companies to extract natural gas through the environmentally controversial means commonly referred to as “fracking,” or high volume hydraulic fracturing

Legislative update in Pennsylvania

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • October 17 2011

Senate Bill 1100 proposes to impose a natural gas impact fee and, as will be discussed in detail herein, provide for a model zoning ordinance

Marcellus Shale Advisory Commission releases its report

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • August 8 2011

On July 22, Pennsylvania Governor Tom Corbett’s Marcellus Shale Advisory Commission released its long-anticipated report (Shale Report), which was written in response to Executive Order 2011-01 calling for the formation of a Commission that would issue a report to the governor with recommendations to “develop a comprehensive, strategic proposal for the responsible and environmentally sound development of Marcellus Shale”

Case summary: Pohlig Builders, LLC v. Zoning Hearing Board of Schuylkill Township

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • August 8 2011

In Pohlig Builders, LLC v. Zoning Hearing Board of Schuylkill Township, 15 A.3d 563, 2011 WL 2084174, Pa. Cmwlth, March 17, 2011 (No. 782 C.D. 2010), the Commonwealth Court addressed the Schuylkill Township Board of Supervisors’ zoning appeal based on a variance granted to Pohlig Builders (the developers) to disturb an area of steep slopes such that the developers could construct their proposed residential development