On April 30, 2026, the Pennsylvania Supreme Court issued a significant decision in Borough of West Chester v. Pennsylvania State System of Higher Education,[1] holding that the Borough’s stormwater charge is a tax — not a valid fee for service — and therefore cannot be collected from a state university immune from taxation. The
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Aloia: Reconsidering the meaning of “lawfully” and application of Pennsylvania’s Statute of Repose
Pennsylvania litigators in the construction world are intimately familiar with the Commonwealth’s Statute of Repose. Enacted in 1976, the statute imposes a complete bar to claims by litigants seeking to hold a builder accountable for defects in construction (as well as design, planning, supervision, or observation thereof) 12 years after completion of construction.
“The Statute…
Navigating 2025: Key updates in municipal labor and employment law – Webinar
By Peter Wertz
On February 18, 2025, McNees attorneys Adam Santucci, Austin Wolfe, and Ryan Gonder and Dauphin County’s Deputy Director of Human Resources, Rob Morgan, will host a roundtable discussion focusing on recent and anticipated changes in municipal labor and employment law. The session will be held virtually from 12:00 p.m. to 1:00 p.m. Topics that will…
The Cumberland Principles – Guiding Future Development and Preservation in Cumberland County
Cumberland County, one of the fastest growing counties in Pennsylvania, adopted a new Comprehensive Plan on December 19, 2024 (“Plan”).
The Plan is organized around eight principles, identified as the “Cumberland Principles”:
…
Artificial Intelligence and the Expansion of Data Centers
By Rachel Rowe
As artificial intelligence booms and our digital world grows, so does the demand for data centers. In August, Liz Young of The Wall Street Journal published an article about the growth in the data-center market and the increasing demand for these specialized buildings. The article explains the reasons for such demand while also addressing some…
Homes for Vets in Harrisburg: Highlighting Two Projects in the Capital Region
We do not often highlight specific projects on this blog, but with the anniversary of 9/11 approaching, it seemed fitting to recognize two development projects in the area that will support our veterans.
But first a little background: Given the recent decision of the U.S. Supreme Court in Grants Pass v. Johnson, allowing the enforcement…
USEPA Promulgates PFAS Drinking Water Standards and Designates Two PFAS Substances As Hazardous Substances – What Does It Mean For You?
By Scott Gould
In April, the Environmental Protection Agency (“USEPA”) took two actions regarding per- and polyfluoroalkyl substances (“PFAS”), or so-called “forever chemicals,” that could have far-ranging implications.
Drinking Water Standards
First, USEPA established the first enforceable drinking water standards for PFAS chemicals. USEPA established Maximum Contaminant Levels (“MCL”) for six PFAS compounds, all of which are more…
Republicans and Democrats in Harrisburg Are Taking Aim at Pennsylvania’s Housing Affordability and Availability Troubles: Potential Impacts to Builders, Municipalities, and Homeowners
In the years following the Covid-19 Pandemic, the affordability and availability of homes has become a glaring issue in Pennsylvania and beyond, primarily due to rising interest rates, inflation, labor shortages, and an overall shortage of housing supply. In January 2024, housing listings were down nearly 20% and sales dropped more than 3% year-over-year with…
Waivers and Modifications for Parking Relief: What Do You Mean We Don’t Need a Variance?
“Your parking requirements stink! What do you mean we have to provide 25 times the number of parking spaces than what the ITE says, or we have to get a variance? What is our hardship other than your requirements haven’t been updated in over 50 years? If your parking requirements were a car, they would be considered…
Construction Stormwater Update: Draft PAG-02 Permit Open for Comment
The Pennsylvania Department of Environmental Protection (“PADEP”) recently announced the availability of its draft 2024 version of the PAG-02 NPDES general permit for stormwater discharges associated with construction activities for comment. The current version of the PAG-02 permit, which was issued in December 2019, is set to expire state-wide on December 7, 2024. PADEP is accepting comments…