J. Michael Showalter on Muck Rack

J. Michael Showalter

Chicago
As seen in: Law360, JD Supra, The National Law Review, Utility Dive, Mondaq, LexBlog, Our Community Now, Law360 UK, ArentFox Schiff Legal Podcasts
WVian, lawyer, lover of backpacks

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Articles

Second Circuit Upholds New York Ban on Fossil Fuels in New Construction, Splitting With the Ninth Circuit

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By Samuel A. Rasche, J. Michael Showalter
| JD Supra
While it may seem like there are fewer calls of late to “electrify everything,” the legal debate over whether “gas bans” — local ordinances that prohibit use of fossil fuel-powered appliances in new construction — continues. In a decision styled Association of Contracting Plumbers v.
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Second Circuit Upholds New York Ban on Fossil Fuels in New Construction, Splitting With the Ninth Circuit

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By Samuel A. Rasche, J. Michael Showalter
| ArentFox Schiff Legal Podcasts
On In a decision styled Association of Contracting Plumbers v. City of New York, the Second Circuit split with the Ninth Circuit to rule that the federal Energy Policy and Conservation Act (EPCA) does not preempt state and local laws which prohibit fossil fuel-powered appliances in new construction, possibly setting up another showdown before the US Supreme Court over the balance between state and federal regulatory power.
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Why Permits Have Become the Battleground for Energy, Data Centers, and Growth

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By Robert Middleton, J. Michael Showalter
| JD Supra
The permitting process plays a central role in projects ranging from clean energy to data centers. No longer just a regulatory hurdle, it is often the main forum in which broader disputes over growth, resources, fairness, and community acceptance play out. That shift reflects a deeper reality: permits are often proxies for broader disputes over a project’s “social license to operate.” What appears as a technical disagreement over compliance is frequently a stand-in for larger questions.
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