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HTMLEnergy Sources—Following the Money
Seth V.D.H. Cooley; Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on April 2016
On April 14, 2016, the United States Senate Appropriations Committee unanimously approved an energy and water funding bill that would appropriate $2 billion for the Department of Energy’s Office of Energy Efficiency & Renewable Energy programs (an amount equal to fiscal year 2016...

 

HTMLEPA Completes Cost-Benefit Analysis Required by U.S. Supreme Court
Seth V.D.H. Cooley; Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on April 2016
In a 5-4 decision in 2015 (Michigan v. EPA), the U.S. Supreme Court found that EPA should have considered costs when deciding to implement EPA’s Mercury and Air Toxics Standard for power plants (MATS) (Justice Scalia writing for the majority). On April 14, 2016, EPA posted online its...

 

HTMLWill Your Non-Profit Hospital Pay Property Taxes in New Jersey?
Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on March 23, 2016
In the wake of the June 25, 2015, decision of the New Jersey Tax Court in AHS Hospital Corp., d/b/a Morristown Memorial Hospital v. Town of Morristown,[1] and the hospital’s subsequent $15.5 million settlement with the town, more than a dozen municipalities are pursuing tax appeals that...

 

HTMLCalling or Texting A Customer or Patient? Federal Courts Address Prior Express Consent Under the TCPA
Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on February 26, 2016
Federal courts are again addressing what constitutes a person’s “prior express consent” to receive calls on a cell phone made by an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. §...

 

HTMLConnecticut Supreme Court Reverses Lower Court and Finds Employer's Independent Contractors Were Properly Classified
Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on March 16, 2016
The Connecticut Supreme Court’s recent decision in Standard Oil of Connecticut, Inc. v. Administrator, Unemployment Compensation Act is a decision likely to be of significance for all employers, not just those in Connecticut.

 

HTMLWhat Does U.S. Supreme Court Decision Upholding FERC's Authority over Demand Response Mean for the Future of FERC's Jurisdiction?
Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on February 19, 2016
On January 25, 2016, the U.S. Supreme Court upheld the authority of the Federal Energy Regulatory Commission (FERC or Commission) to regulate demand response in the case Federal Energy Regulatory Commission v. Electric Power Supply Association et al. (“EPSA”).[1] This opinion is...

 

HTMLFederal Court Diversity Jurisdiction Involving Unincorporated REITs: REIT Citizenship Is Based on Citizenship of Its Shareholders
Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on March 11, 2016
On March 7, 2016, the Supreme Court of the United States held that the citizenship of a Maryland real estate investment trust (“REIT”), for diversity jurisdiction purposes, is based on the citizenship of all its members, including its shareholders. In Americold Realty Trust v. ConAgra...

 

HTMLPennsylvania Announces Planned New Methane Rules
Seth V.D.H. Cooley; Duane Morris LLP;
Legal Alert/Article
July 30, 2016, previously published on January 2016
On January 19, 2016, Pennsylvania Governor Tom Wolf announced a “nation-leading strategy” to reduce emissions of methane associated with natural gas production, processing and transmission. Citing the fact that Pennsylvania is the second-largest producer of natural gas in the nation...

 

HTMLUSCIS Publishes Proposed Regulations Codifying Many of Its Existing Administrative Policies with Some Modifications: Comment Period Ends on February 29, 2016
Duane Morris LLP;
Legal Alert/Article
July 30, 2016, previously published on January 22, 2016
On December 31, 2015, U.S. Citizenship and Immigration Services (USCIS) published proposed rules in the Federal Register. Many of the proposals codify existing USCIS administrative memoranda and decisions with some modifications. The following are some of the key proposals.

 

HTMLEmployee's Unauthorized, Wholesale Copying of Company Data Ruled Insufficient to Terminate Employee for Cause
Duane Morris LLP;
Legal Alert/Article
July 30, 2016, previously published on February 8, 2016
On February 4, 2016, the Massachusetts Supreme Judicial Court (the “SJC”) ruled that an employee’s copying of confidential data from his company computer to a private backup service was a breach, but not a material breach of his employment agreement. EventMonitor, Inc. v. Leness,...

 


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