West Virginia v. EPA: The Major Questions Doctrine and Novel Federal Administrative Actions


On June 30, 2022, by a 6-3 vote, the United States Supreme Court in West Virginia v. U.S. Environmental Protection Agency, 597 U. S. ---  (West Virginia v. EPA), held that Section 111(d) of the Clean Air Act (42 U.S.C. § 7411) does not give the United States Environmental Protection Agency (EPA) broad authority to regulate greenhouse gas emissions from power plants as set forth in the Clean Power Plan (CPP). While the issue before the Court was narrow, the Court’s application of the “major questions doctrine” (whereby a court will not defer to an agency’s interpretation of a statutory provision in circumstances where the case involves an issue of deep economic or political significance) to invalidate the EPA’s exercise of authority will likely have significant consequences for federal agencies and the entities they regulate, particularly where an agency seeks to implement a novel regulatory program that is not explicitly authorized by statute.

Continue reading
  1510 Hits

Hawke McKeon & Sniscak LPP is ready and able to assist you in these uncertain times

The global Coronavirus pandemic poses novel challenges to the ability of individuals, professionals, organizations, and businesses to find a path forward during this crisis. At HMS we anticipated Governor Wolf’s call for employees to work remotely and our lawyers have been doing so since March 16 and will continue to do so under the Governor’s most recent pronouncement. In so doing we remain fully able to bring the wide-ranging resources of our firm to bear on your need for advice and representations.  We have long-standing experience with government and administrative agencies and courts of law, and we can and will continue to put that experience to work for you.

Continue reading
  1945 Hits

The Legal Intelligencer Names Whitney Snyder of Hawke McKeon & Sniscak as a 2019 Lawyer on the Fast Track

 

Harrisburg, PA – April 12, 2019  – We are honored to announce that Whitney Snyder, partner at Hawke, McKeon & Sniscak LLP (HMS), has been named by The Legal Intelligencer as a Lawyer on the Fast Track. The list is part of The Legal Intelligencer’s annual Professional Excellence Awards and highlights “the great work and achievements across the full breadth of the Pennsylvania legal community.”

Continue reading
  2420 Hits

Kevin McKeon Discusses Medical Marijuana Appeals at PBI Program

On October 18, 2017, Kevin McKeon, partner at Hawke McKeon & Sniscak, LLP and co-founder of Pennsylvania Appellate Advocate, joined the Pennsylvania Bar Institute for its CLE program, “Next Steps for Medical Marijuana in PA: Evolving Issues in a Growing Industry”. Mr. McKeon discussed the status of Pennsylvania’s medical marijuana program and related appeals pending before the Pennsylvania Department of Health, Office of Open Records, and Commonwealth Court.

Continue reading
  3379 Hits

Christopher Knight of HMS Discusses Insurance Regulatory Issues at PAMIC’s Market Regulation Seminar


FOR IMMEDIATE RELEASE

Continue reading
  3658 Hits

Thomas Sniscak of Hawke, McKeon & Sniscak LLP Speaks before a Packed Audience about Marcellus Shale at the Keystone Energy Forum

FOR IMMEDIATE RELEASE:

January 12, 2017

Thomas J. Sniscak participated as a speaker at the Keystone Energy Forum on January 12, 2017.  He spoke on the many critical issues facing the Marcellus shale industry from both the federal and state levels.  In his presentation Attorney Sniscak addressed the eminent domain and public right-of-way issues related to the siting of pipelines within the Marcellus Shale areas of Pennsylvania.

Continue reading
  4208 Hits

Despite Drilling Downturn, PA Natural Gas Production Grows


       On August 1, 2016, The Pennsylvania Department of Environmental Protection (DEP) released its 2015 Oil and Gas Annual Report (Report).[1]  In additional to natural gas production details, the Report provides information on natural gas data trends in Pennsylvania and details on DEP inspections.  2015 was a difficult year for the natural gas industry as it faced record inventory levels, declining prices, and decreases in newly drilled wells.[2]  DEP confirms Pennsylvania was not immune to the national downturn in natural gas drilling with only 1,070 newly drilled wells in 2015 – more than a 50% decrease from the 2,163 new wells drilled in 2014.[3]

Continue reading
  4633 Hits

North American Leaders Announce Climate, Clean Energy, and Environment Partnership


On June 29, 2016, President Obama, Prime Minister Trudeau, and President Nieto announced the North American Climate, Clean Energy, and Environment Partnership at the North American Leaders Summit.  According to President Obama, the “ambitious and enduring” Partnership will see the United States, Canada, and Mexico “work toward the common goal of a North America that is competitive, that encourages clean growth, and that protects our shared environment.”[1]

Continue reading
  4648 Hits