HMS Legal Blog
News and commentary on various legal issues.
Categories
Transportation (2)
Emergency relief waiver extends hours of service for truck transport drivers in PennsylvaniaCategory: Transportation
Posted On Thursday, 01 November 2012
Pursuant to the Proclamation of Disaster Emergency issued by Governor Corbett on October 26, 2012, the Secretary of Transportation, Barry J. Schoch, h...
Pennsylvania Transfers Jurisdiction Over Passenger Transportation Service in Allegheny County From Port Authority to PUCCategory: Transportation
Posted On Tuesday, 09 October 2012
The Pennsylvania Legislature recently amended the Second Class County Port Authority Act, 55 P.S. §§551-563.5, to, among other things, transfer jurisd...
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Insurance (6)
Timely Underground Storage Tank Indemnification Fund Claim EssentialCategory: Insurance
Posted On Friday, 10 February 2012
Under Pennsylvania’s Storage Tank and Spill Prevention Act, owners, operators and installers of underground storage tanks who incur liability for clea...
New law expands Insurance Department authority to review health insurance ratesCategory: Insurance
Posted On Monday, 23 January 2012
Small group plan health insurance rate increases of more than 10% must be filed and approved by the Pennsylvania Insurance Department under a new law ...
Pa. Insurance Department encourages insurance producers to help all flood victimsCategory: Insurance
Posted On Wednesday, 28 September 2011
The Pennsylvania Insurance Department has delivered a clear message to all licensed insurance producers: you are expected to provide guidance to flood...
Pennsylvania officials confronting tough issues in health insuranceCategory: Insurance
Posted On Tuesday, 20 September 2011
Few current social or political topics stir the emotions quite as much as health care reform. Whether you believe that the Patient Protection and Aff...
Medical professional liability insurance limits will remain unchanged in PennsylvaniaCategory: Insurance
Posted On Tuesday, 02 August 2011
Pennsylvania Insurance Commissioner Mike Consedine today made public his determination that the coverage limits required by law for medical profession...
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Local Government (2)
Act 13’s Local Zoning Provisions Put On HoldCategory: Local Government
Posted On Monday, 16 April 2012
Commonwealth Court Grants Preliminary Injunction Halting Zoning Limits in Act 13
Solicitors’ Invoices and Right-to-Know Act RequestsCategory: Local Government
Posted On Tuesday, 18 January 2011
On January 6, 2011, the Pennsylvania Commonwealth Court confirmed that municipalities may redact portions of their solicitors’ bills to eliminate dis...
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Utilities, Energy & Telecommunications (46)
STAFF ACTION CAUSES CONTROVERSY IN WHOLESALE MARKETSCategory: Utilities, Energy & Telecommunications
Posted On Monday, 22 April 2013
In what will likely prove to be a controversial decision, the Staff of the Pennsylvania Public Utility Commission denied the request of First Energy S...
PUC ISSUES LONG AWAITED END-STATE ORDERCategory: Utilities, Energy & Telecommunications
Posted On Thursday, 21 February 2013
In an effort that is likely to fall short of the expectations of more than a few participants, the Pennsylvania Public Utility Commission (“Commission...
END STATE OR JUST THE “END”Category: Utilities, Energy & Telecommunications
Posted On Thursday, 06 December 2012
In a long anticipated Tentative Order, the Pennsylvania Public Utility Commission (“PUC”) finally revealed its vision for the “end state” of the retai...
First Energy Pays Price for Being FirstCategory: Utilities, Energy & Telecommunications
Posted On Monday, 24 September 2012
The Pennsylvania Public Utility Commission (“PUC”) caused quite a stir with its August 16, 2012 Order[1] that partially approved the jointly filed def...
PUC Denies PPL Migration RiderCategory: Utilities, Energy & Telecommunications
Posted On Monday, 23 July 2012
Providing a win to competitive suppliers, the Pennsylvania Public Utility Commission (“PUC”) at its July 19 public meeting unanimously denied PPL’s re...
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Appeals (11)
Supreme Court Orders Shorter Appellate BriefsCategory: Appeals
Posted On Thursday, 04 April 2013
The Pennsylvania Supreme Court has adopted rule changes that will result in shorter appellate briefs based on a “word count” approach of the type used...
Shorter Briefs, Fewer Waiver TrapsCategory: Appeals
Posted On Friday, 27 April 2012
Under two new proposals to amend Pennsylvania’s Rules of Appellate Procedure lawyers will be writing shorter briefs with less risk of waiver.
PRESS RELEASECategory: Appeals
Posted On Monday, 29 August 2011
KEVIN J. McKEON APPOINTED TO PA. APPELLATE COURT PROCEDURAL RULES COMMITTEE
Citing Unreported Opinions: Worth the Trouble?Category: Appeals
Posted On Wednesday, 23 February 2011
Effective in 2011 unreported opinions of Pennsylvania’s Commonwealth Court may be cited as persuasive authority, though not as binding precedent....
Is Order Granting New Trial in Statutory Appeal Appealable?Category: Appeals
Posted On Friday, 04 February 2011
Orders granting new trials in civil and certain criminal proceedings are immediately appealable pursuant to Pa. R.A.P. 311 (a)(6), but is an order gra...
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Government Regulation & Licensing (11)
Commonwealth Court of PA Enlightens USTIF Board on its Own RegulationsCategory: Government Regulation & Licensing
Posted On Thursday, 23 May 2013
The Storage Tank and Spill Prevention Act (the “Act”) created the Underground Storage Tank Indemnification Fund (the “Fund”) to provide clean-up and t...
Waiver and Enforcement of Regulations and Laws on Gasoline Distributors in the Wake of SandyCategory: Government Regulation & Licensing
Posted On Wednesday, 21 November 2012
Jersey and New York gasoline distributors continue to struggle to supply gas stations with diesel and gasoline product while federal and state legisla...
Vehicle-Tank Meter Installation Deadline ExtendedCategory: Government Regulation & Licensing
Posted On Thursday, 19 January 2012
On January 3, 2012, the Pennsylvania Department of Agriculture (PDA) issued a Special Bulletin extending the deadline for persons who own fuel oil del...
Commonwealth Court OKs Nonmonetary Contract Claims Against Commonwealth in Casino Central Computer RFP DisputeCategory: Government Regulation & Licensing
Posted On Friday, 02 December 2011
In a case arising from the award of the contract for the Gaming Board/Department of Revenue’s Central Computer Control System that monitors transactio...
PUC Proposes to Amend Competitive Safeguard RegulationsCategory: Government Regulation & Licensing
Posted On Tuesday, 30 August 2011
In light of ongoing concerns that incumbent utilities could share customer information, link regulated services with non-competitive services, and e...
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Environmental (5)
DC COURT OF APPEALS STRIKES DOWN EPA’S CROSS STATE AIR POLLUTION RULESCategory: Environmental
Posted On Wednesday, 29 August 2012
On August 21, 2012, the Court of Appeals for the District of Columbia struck down the EPA’s Cross State Air Pollution Rules, also known as the Transpo...
PUC to Hold Electric Summer Reliability ForumCategory: Environmental
Posted On Thursday, 17 May 2012
The Pennsylvania Public Utility Commission (PUC) will hold a Summer Reliability Forum at 1:30 pm on Thursday, June 7, 2012. The Forum will be held in...
EPA Finalizes 2012 Renewable Fuel StandardsCategory: Environmental
Posted On Tuesday, 10 January 2012
EPA has posted its bio diesel standards for 2012. As part of the EPA’s mandate to march the U.S. toward energy independence, the EPA establishes the ...
Pennsylvania Environmental Hearing Board Determines that TMDLs are Not Subject to State AppealCategory: Environmental
Posted On Friday, 20 May 2011
TMDLs Established by EPA, Not DEP
TMDL Draws Lawsuit from FarmersCategory: Environmental
Posted On Friday, 14 January 2011
On December 29, 2010, EPA issued a first-of-its-kind TMDL for the Chesapeake Bay. The TMDL, which stands for “Total Maximum Daily Load,” establishes ...
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