August 02, 2024 | The Legal Intelligencer
Intervention and the Environmental Rights AmendmentBecause the courts have not fleshed out all the nuances of what the Environmental Rights Amendment means, this superficially procedural decision may have important implications for how that constitutional jurisprudence develops.
By David G. Mandelbaum
7 minute read
July 12, 2024 | The Legal Intelligencer
Jury Trials for Environmental Enforcement: What Now After 'SEC v. Jarkesy'?Last month, the U.S. Supreme Court decided Securities & Exchange Commission v. Jarkesy, holding that the SEC cannot assess civil penalties for securities fraud through an administrative tribunal.
By David G. Mandelbaum
8 minute read
May 13, 2024 | The Legal Intelligencer
The Rule of Professional Conduct 1.1. and Climate ChangeJust as a lawyer must have a basic understanding of many things that may affect a client's business or activities, the lawyer also has to have a basic understanding of how a changing climate will have changing effects on clients
By David G. Mandelbaum
8 minute read
April 25, 2024 | The Legal Intelligencer
The Weirdness of Appeals Under Section 308 of Act 2Section 308 of Act 2 makes all "decisions by the Department of Environmental Protection involving the reports and evaluations required under Act 2 to be considered appealable actions under" the Environmental Hearing Board Act. That stands out from the rest of Pennsylvania environmental law. It has not been litigated very often, but it may pose risks for practitioners.
By David G. Mandelbaum
7 minute read
March 04, 2024 | The Legal Intelligencer
Environmental Law and the Brownfield 'Energy Community' Clean Energy Tax Credit Bonus Under the IRAThere may be some confusion over how "brown" a "brownfield" has to be to qualify, but just the label connotes an increased risk of residual liability to those associated with the site to clean up contamination. Therefore, these tax provisions create a demand for the conventional environmental practice tools that manage that risk.
By David G. Mandelbaum
8 minute read
February 09, 2024 | The Legal Intelligencer
Is One Dollar Enough Under CERCLA?Often, the plaintiff has brought the case even though the plaintiff has not paid a very significant portion of the total costs, has not committed to pay a significant portion of the costs, and has not been adjudicated responsible for anything. Why does that private plaintiff get to trigger allocation litigation?
By David G. Mandelbaum
8 minute read
January 05, 2024 | The Legal Intelligencer
Some 2024 Resolutions for Environmental LawyersMy observations are no more profound than anyone else's. But as I begin my fifth decade in this line of work, I feel at least moderately comfortable playing the grizzled—but I hope not yet hoary—veteran.
By David G. Mandelbaum
8 minute read
November 16, 2023 | The Legal Intelligencer
Commonwealth Court Offers Another Take on Valuing Contaminated PropertyThe issues of how one proves that one ought to take a discount from a property's "clean" value for tax, eminent domain, or other valuation purposes, how big that discount ought to be, and how long it ought to last remain vexing.
By David G. Mandelbaum
7 minute read
October 19, 2023 | The Legal Intelligencer
The Last Year in CERCLA: Practitioners Should Take NotePractitioners may want to take note of three subject areas and clusters of issues.
By David G. Mandelbaum
8 minute read
September 14, 2023 | The Legal Intelligencer
The Montana 'Youth Climate Case' and the Pa. Environmental Rights AmendmentThe case has received some serious attention in the weeks since because Judge Kathey Seely found that the plaintiffs—16 young residents of Montana—had suffered and would suffer injury on account of climate change caused by greenhouse gas emissions in Montana and combustion of fossil fuels extracted from Montana.
By David G. Mandelbaum
7 minute read
Trending Stories