David G. Mandelbaum

July 14, 2022 | The Legal Intelligencer

As the April column in this series pointed out, the Infrastructure Investment and Jobs Act of 2021 reinstituted the Superfund chemical excise tax. Somehow, more than a few of our colleagues and clients have formed the expectation that environmental practitioners are the lawyers knowledgeable on this tax. Humoring them, I try here to provide a brief outline of how this tax works.

By David G. Mandelbaum

5 minute read

June 16, 2022 | The Legal Intelligencer

This column seeks to sharpen up two large issues under the first sentence of Section 27, the one granting an environmental right. First, is that right substantive or procedural? Second, does the right apply to all environments, or just to "traditional environmental media?"

By David G. Mandelbaum

7 minute read

May 05, 2022 | The Legal Intelligencer

I think there is a change underway in what people generally think of as the "environment." It may actually be a return to an earlier notion.

By David G. Mandelbaum

6 minute read

April 14, 2022 | The Legal Intelligencer

Known colloquially as the BIF—the bipartisan infrastructure framework—or sometimes as the "bipartisan infrastructure bill," even though it is no longer a bill, IIJA authorizes over a trillion dollars to an enormous variety of programs.

By David G. Mandelbaum

7 minute read

February 11, 2022 | The Legal Intelligencer

Last month, the Pennsylvania Commonwealth Court decided another in a series of cases applying the Environmental Rights Amendment to municipal land use decisions involving the oil and gas industry.

By David G. Mandelbaum

7 minute read

January 13, 2022 | The Legal Intelligencer

A review of the environmental cases decided by the Pennsylvania appellate courts last year follows. Please forgive any omissions of cases or detail in this catalogue. Many of these cases are not officially reported so not formally precedential.

By David G. Mandelbaum

11 minute read

November 11, 2021 | The Legal Intelligencer

CERCLA Section 113(f) authorizes contribution claims among parties jointly and severally liable for the same response actions or costs. Section 113(f)(1) goes on to provide that "in resolving contribution claims, the court may allocate response costs among liable parties using such equitable factors as the court determines are appropriate."

By David G. Mandelbaum

8 minute read

October 14, 2021 | The Legal Intelligencer

Storm water claims may be an emerging small-scale form of litigation driven by climate change. In Pennsylvania, like many parts of the country, a changing climate has increased the frequency of heavy rains and the intensity of rainfall events

By David G. Mandelbaum

4 minute read

September 16, 2021 | The Legal Intelligencer

The decision to apply Section 113 or Section 107 action-by-action or settlement-by-settlement does not improve CERCLA's concinnity.

By David G. Mandelbaum

8 minute read

August 12, 2021 | The Legal Intelligencer

The Pennsylvania Supreme Court reversed the Commonwealth Court and held that all the amounts received by the commonwealth when it leased state lands for oil and gas development had to be appropriated to conservation and protection of public natural resources.

By David G. Mandelbaum

7 minute read