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

    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...
  • 12.15.2016

    EPA Publishes Revised Pesticide Application General Permit

    EPA has promulgated a final rule revising the Pesticide General Permit (the “2016 PGP”).  The 2016 PGP is applicable only in four states (Idaho, Massachusetts, New Hampshire, and New Mexico) and at federal facilities, but the remaining States will have to...
  • 12.15.2016

    EPCRA Update: Nonylphenol Ethoxylates Proposed as 313 Toxic Chemical Categor

    EPA is proposing to add Nonylphenol Ethoxylates (NPEs) to the list of Toxic Chemicals under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA).  Comments on the proposal must be received on or before January 17, 2017.
  • 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...
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