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Author Archives: Andrew Rau

Transgender Policy Issues: New Developments and Legal Uncertainty

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By: Andrew D.H. Rau and Amanda J. Sundquist School administrators and legal practitioners across Pennsylvania and the nation are digesting the latest, and sometimes conflicting, developments when it comes to policy and practice concerning transgender rights. The lead headlines have focused on the Trump Administration’s new joint Dear Colleague Letter, issued by the …

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2017 Township Reorganizations

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By: Andrew D.H. Rau Just as the last New Year balloon drops, a municipal official’s thoughts often turn from celebration to reorganization. Yes, it is that time of year again if you operate under the Second Class Township Code. The governing statute calls for the meeting on the first …

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Fair Housing Update: New Federal Guidance, and New Questions

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By: Andrew D.H. Rau Zoning and land use practitioners have long looked to federal guidance interpreting the Fair Housing Act (FHA) in order to consider its interplay with state and local land use and zoning laws. Now, the U.S. Justice Department and the Department of Housing and Urban Development …

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School Board Prayer: The Third Circuit Rules

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By: Andrew D.H. Rau The constitutional debate surrounding student prayer in the public school setting has long been the subject of discussion in the federal courts. Now, the Third Circuit Court of Appeals has issued an important decision on a related question—the right of a school board to open its meetings with prayer. Third …

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Marcellus Shale & Local Zoning

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By: Andrew D.H. Rau The oil and gas industry’s race to develop the Marcellus Shale across Pennsylvania has brought to the forefront the tension between large-scale development interests and local government.  Pennsylvania boroughs, townships and cities are grappling with the limits of local zoning power as they consider the means of regulating and controlling …

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New Permit Extension Law Impacts Developers and Municipalities

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By: Andrew D.H. Rau This week’s budget approvals in Harrisburg included legislation that will have an effect on landowners, as well as state and local government entities across Pennsylvania.  Senate Bill 1042, signed into law as Act 46, will extend the life of many land development and related approvals, if the approvals are in …

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Cell Towers: Municipalities Now on the Clock

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By: Andrew D.H. Rau How fast does a local government have to move in processing a cell tower application? A new federal regulatory order attempts to speed the process. On November 19, 2009 the Federal Communications Commission issued an order that will impact municipalities and cell tower providers across the country. Known as the …

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