This post was authored by Gabriella Mickel, JD Candidate 2024, Elisabeth Haub School of Law at Pace University
In this case, a competing hotel owner, South Bethlehem Associates, LP, challenged the decision of the Zoning Hearing Board of Bethlehem Township Pennsylvania to grant variances to Central PA Equities 30, LLC for the construction of a new hotel two blocks away. The main issue at hand is whether the competing hotel owner has the legal standing to seek a judicial review of the zoning board’s decision.
The court noted that ordinarily, standing requires a showing of adverse impact, that reflects a…
The Hexavalent Chromium Spill That Never Happened: Without Disasters, Where Does Environmental Litigation Come From?
Kathleen Ross
On July 29, 2022, Tribar Manufacturing, an auto supply manufacturer, improperly released 10,000 gallons of toxicant-containing discharge into the sewer system of Wixom, Michigan.[1] The release overwhelmed the Wixom wastewater treatment plant and entered Norton Creek, a tributary of the Huron River, before being discovered.[2] Early reporting suggested that thousands of gallons of the toxic chemical compound hexavalent chromium had made its way into the Huron River, prompting panic and anger in downstream communities.[3]
A number of factors contributed to the furor. Hexavalent…
Opening the Floodgates: Axon Enterprises, Inc. v. FTC and the Weakening of Public Power
Keenen McMurray
In November of 2022, the Supreme Court heard oral arguments on a pair of consolidated cases including Axon Enterprise, Inc. v. Federal Trade Commission[1] and Securities and Exchange Commissionv. Cochran.[2] These cases concern whether challenges to the adjudication processes of administrative agencies can properly be heard in a federal district court, without first going through the agencies’ respective processes.[3] This administrative agency adjudication process is established by the Administrative Procedure Act (“APA”), which is a federal act that governs the procedures of administrative law.[4]…
The Supreme Court Case that Threatens to Upend US Labor Law
Priyanka Podugu
Within the next few months, the Supreme Court will release its decision for Glacier Northwest v. Int’l Brotherhood of Teamsters, a case that has held the attention of union activists and corporate leaders, alike. The case reached the Supreme Court in the aftermath of a 2017 strike organized by Teamsters on behalf of truck drivers employed by Glacier Northwest, a Seattle-based company that manufactures cement.[1] The union timed the labor strike to begin after Glacier Northwest employees filled the company’s trucks with cement, causing some of the…
The Role of Electric Vehicles in Michigan
Eric A. Shalloway
In the state of Michigan, gas taxes contribute funds to improve roads and infrastructure, but between 2019-2021 it is estimated that there was a $50 million decrease in revenue due to electric vehicle owners not paying the tax.[1] The Michigan County Road Association explained that approximately 840 miles of roads would not be resurfaced annually, due to the loss of revenue.[2] Motor vehicles[3] have a role in the Michigan economy, and new electric vehicle manufacturing sites are increasing in the state.[4] The gas tax is increasing from 27.2 cents per…
This post was authored by Sebastian Perez, JD
Proposed intervenors sought to challenge AT&T’s application for a wireless facility at St. Peter’s chapel (the “Chapel”) as violative of the Telecommunications Act of 1996 (“TCA”). The judge had previously ordered Plaintiff’s and Defendant’s proposed settlement agreement (“Settlement Agreement”), but the Court granted the Proposed Intervenors’ motion (the “Motion”) finding all of the factors in FRCP 24(a)(2) governing intervention were met: (1) timeliness of the motion; (2) the movant’s interest related to the property or transaction that constituted the subject of the action; (3) absent intervention, the movant’s ability to protect its…
Conscious Consumerism, Class Actions, and Carbon Offsets
Rina Zhang
A growing segment of environmentally-minded consumers choose to spend their money on brands and products that signal their commitment to sustainability.”[1] However, as more companies label their products with environmental sustainability claims like “green,” and “carbon neutral”, there are increasing concerns that some of these terms are misleading and misrepresent practices that fall short of consumer perceptions.[2] As more corporations turn towards carbon offsets to reduce their environmental footprint, recent greenwashing class actions highlight issues that arise when voluntary carbon markets and marketing intersect.[3]
In October 2022, plaintiffs filed a class…
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Privacy Legislation:Since January 1, 2004, all Canadian organizations engaged in commercial activities have been required to comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the Canadian Standards Association Model Code for the Protection of Personal Information incorporated by reference into PIPEDA . These obligations extend to lawyers and law firms, including Sokoloff Lawyers.
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