Legal News Archive: 2016

  • 12.21.2016

    Dissecting the Proffer Reform Bill

    Virginia Code § 15.2-2303.4, the Proffer Reform Bill, went into effect on July 1, 2016. The bill was an effort by the Virginia General Assembly to overhaul localities’ proffer programs. Proffers originated as voluntary offers by developers to abide by certain...
  • 12.20.2016

    U.S. Department of Justice Recovered More Than $4.7 Billion From Civil False Claims Act Cases in...

    On December 14, 2016 the United States Department of Justice made its annual announcement of the amount of money recovered in civil False Claims Act settlements and judgments in Fiscal Year 2016.  (Read the Government’s press release here.)  This year the...
  • 12.19.2016

    CMS Issues Final Rule on Off-Campus Hospital Department Reimbursement

    As of January 1, 2017, hospitals will receive lower Medicare reimbursement for items and services provided at certain off-campus provider-based facilities.  This Alert provides an overview of the new reimbursement framework for those off-campus facilities, as...
  • 12.15.2016

    Common Stock Used to Reimburse EPA for CERCLA Response Costs

    A recent CERCLA settlement provides an unusual method for reimbursing response costs incurred by EPA at a Superfund site.  Under a proposed Consent Decree concerning the Yavapai Penta Superfund Site in Prescott, Arizona, WestRock CP, LLC – a subsidiary of...
  • 12.15.2016

    EPA Finalizes Change to Area Source Boiler Rule

    EPA has revised the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for industrial, commercial and institutional boilers at area sources.  The area source boiler NESHAP was initially promulgated on March 21, 2011 and is found at 40 CFR Part...
  • 12.15.2016

    VDEQ Changes Approach to No Further Action Letters and Officially Launches VURAM

    The Virginia Department of Environmental Quality (“DEQ”) has clarified its approach to issuing “no further action” letters (“NFAs”) for sites with both petroleum and non-petroleum contamination.  This clarified approach will ensure that non-petroleum...
  • 12.15.2016

    Environmental Notes - December 2016

    Click on the image below for a full PDF of the Environmental Newsletter.
  • 12.15.2016

    Solar Energy Continues to Shine in South Carolina

    Donald Trump’s election as our next President throws the long-term outlook for President Obama’s Clean Power Plan into disarray.  Nevertheless, South Carolina, a state historically reliant upon coal-fired power plants, continues to explore alternative energy...
  • 12.15.2016

    North Carolina Begins Using Risk-Based Corrective Action at High Risk UST Sites

    The North Carolina Department of Environmental Quality (NCDEQ) has issued guidance for remediation of petroleum groundwater contamination from leaking underground storage tanks (USTs). Its North Carolina Petroleum UST Release Corrective Action Phase Project...
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