July 15, 2021 | The Legal Intelligencer
Thinking About Tree Equity and Its Benefit to Clients, CommunityIn brief summary, tree cover varies significantly among neighborhoods (more precisely, census blocks) in urban areas. A higher proportion of tree cover correlates with higher property values, higher median incomes of the residents, and with a whiter racial makeup.
By David G. Mandelbaum
7 minute read
May 11, 2021 | The Legal Intelligencer
Is the Oil and Gas Lease Over? Court Ruling Offers GuidanceRoughly 15 years ago, many Pennsylvania landowners entered into oil and gas leases in the expectation of receiving royalties for the extraction of shale gas and oil underlying their properties.
By David G. Mandelbaum
6 minute read
April 01, 2021 | The Legal Intelligencer
Basing an Environmental Expert Opinion on 'Multiple Lines of Evidence'Experts in the environmental field often say that they base their opinions on "multiple lines of evidence." Is that good enough?
By David G. Mandelbaum
8 minute read
February 11, 2021 | The Legal Intelligencer
Another ERA Decision and Some Cautions About Making Government WorkThe ERA does not create additional procedures, although the absence of those procedures may make a statute or regulation unconstitutional.
By David G. Mandelbaum
6 minute read
January 07, 2021 | The Legal Intelligencer
Environmental Cases in the Pennsylvania Appellate Courts in 2020Unsurprisingly, the Pennsylvania appellate courts decided fewer environmental cases than usual in 2020. Please forgive any omissions of cases or detail in this catalogue.
By David G. Mandelbaum
9 minute read
October 22, 2020 | The Legal Intelligencer
Some Problems With Superfund Settlement PremiumsWhen a party "cashes out" of its liability to the government under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), under Environmental Protection Agency (EPA) guidance in place since 1988 the settling party typically pays a premium over what would otherwise be its equitable share.
By David G. Mandelbaum
8 minute read
April 09, 2020 | The Legal Intelligencer
What's Next for Environmental Practice? A Reevaluation Is in OrderEvents affect different lawyers' practices differently, and this pandemic is not very like anything that has happened during the careers of anyone now practicing.
By David G. Mandelbaum
7 minute read
February 06, 2020 | The Legal Intelligencer
The Superfund Contribution Mind Pretzel ... or One of ThemThe interplay among the private cost recovery provision of Section 107(a)(1-4)(B) and the contribution provisions of Section 113(f)— all informed by the statute of limitations of Section 113(g)—have created a very substantial, practical settlement problem. But the problem is a little obscure, a bit of a mind pretzel.
By David G. Mandelbaum
8 minute read
January 16, 2020 | The Legal Intelligencer
Environmental Cases in the Pennsylvania Appellate Courts During 2019By my count, the three Pennsylvania appellate courts decided 27 environmental cases in 2019.
By David G. Mandelbaum
13 minute read
August 08, 2019 | The Legal Intelligencer
Court Revisits 'PEDF' on Remand: Limits on Environmental Rights AmendmentOn July 29, the Pennsylvania Commonwealth Court returned to Pennsylvania Environmental Defense Foundation v. Commonwealth, a leading case on the Environmental Rights Amendment to the Pennsylvania Constitution.
By David G. Mandelbaum
8 minute read