This post was authored by Matthew Loescher, Esq.
Charlestown Township, a municipality in Chester County, enacted a zoning ordinance that permits outdoor, off-premises advertising signs in a particular district. A statewide regulation concerning roadside billboards promulgated by the Pennsylvania Department of Transportation (“PennDOT”) had the practical effect of barring that use. The property owner Charlestown Outdoor, LLC appealed the decision of the township zoning board, which denied the property owner’s challenge to the validity of the township’s zoning ordinance that permitted the construction of billboards in the zoning district. The Court of Common Pleas, Chester County, affirmed the zoning board’s…
SEC Focus on Climate Change Risk and Disclosure
Kathleen LokAs environmental concerns continue to research, investors and companies have continued to contend with how to report the impact of climate related risks on their business. Currently, the SEC does not require any specific environmental risk reporting, and instead bases disclosures on materiality.[1] This lack of a standardized framework gives companies much discretion to decide what environmental and climate-related information they choose to report, which is often done through voluntary sustainability reports.[2] A 2022 survey by Deloitte showed that more than two-thirds of public companies with over $500 million in…
Walmart’s Liabilities Under the HWCL: A California Case Study
Rita ElfarisiIn December 2021, the California Attorney General along with approximately a dozen district attorneys filed a lawsuit against Walmart.[1] The complaint alleges Walmart dumped nearly 80 tons of hazardous waste from more than 300 stores in California landfills throughout the state every year over the past five years.[2] More specifically, the complaint alleges Walmart violated several provisions of California Health and Safety Code section 25189, among other things.[3] The statute subjects individuals and entities who do not comply with the Hazardous Waste and Control Law (“HWCL”) to civil penalties.[4]…
Agency Delegation to External Parties: An Unexplored Challenge
Benjamin LehmanThe Supreme Court recently declined to grant cert in Texas v. Commissioner of Internal Revenue, a case from the 5thth Circuit. However, the three justices said the decision was driven by threshold issues of mootness and statute of limitations, but they would grant a review on the delegation issues in a future case.[1] The case revived two major questions about the constitutional limits on delegation and presented a third issue for the first time. First, the petition challenged the extent to which legislative power can be constitutionally delegated away from…
An attorney on Twitter clapped back at an account closely linked to Rep. Jim Jordan (R-Ohio) that suggested Tuesday’s shattering testimony before the House select committee investigating the US Capitol riot was “all hearsay.”
The House Judiciary Committee Republicans’ account ― which names Jordan as its ranking member in its Twitter bio ― labeled the astonishing testimony from former White House aide Cassidy Hutchinson as hearsay.
“It’s literally all hearsay evidence. What a joke,” the post on the GOP account said of Hutchinson’s testimony about Donald Trump’s last days as president.
Hutchinson, an aide to former White House chief of…
This post was authored by Ashlee Vega- Slattery, Touro University Jacob D. Fuchsberg Law Center
The question in 20 Rewe Street, LTD v State of New York is whether a landowner was adequately compensated by the State for the partial taking of their Brooklyn property. The property, located in a manufacturing/industrial zone and totaling 39,900 square feet, was primarily unimproved; it consists only of a concrete wall and chain-link fence, and was used for storage and parking. In January of 2012, the New York State Department of Transportation seized 27,041 square feet from the northern side of the property, leaving…
SAN FRANCISCO (AP) — A person who shot and killed a passenger on a San Francisco subway commuter prepare might be charged with gun crimes however not murder in what was “clearly” a case of self-defense after he was attacked with a knife, his lawyer stated Monday.
Javon Inexperienced, 26, will face prices of getting a hidden weapon in a public place and having a loaded gun in a public place, each felonies that presumably could possibly be diminished to misdemeanors, lawyer Randy Knox advised the San Francisco Chronicle.
Inexperienced was scheduled for a court docket look on Tuesday.
The…
This post was authored by Tyler Doan, Esq.
The petitioner initially contested the grant of an exception to the local zoning ordinance to allow a converted church in a single-family residence area to be used as “small gathering space” for community events such as bridal and baby showers and class reunions. After a public hearing, the Board of Adjustments granted the exception.
The Petitioner then filed a petition for writ of certiorari challenging the board’s decision. The district court concluded the board “did not act illegally in granting the exception.” The Petitioner then appealed to the present court arguing a…
