David G. Mandelbaum

February 17, 2015 | The Legal Intelligencer

Regulators need access to investigate and clean up property contaminated with hazardous substances. That need to get onto property does not respect property lines or who may happen to own or occupy that land. Moreover, if regulators want responsible parties to do the investigation or the cleanup at an "enforcement lead" site, then private parties may need access.

By David G. Mandelbaum

8 minute read

January 13, 2015 | The Legal Intelligencer

The Pennsylvania Supreme, Superior and Commonwealth courts decided a few dozen cases with environmental dimensions last year. This review touches on most of them.

By David G. Mandelbaum

9 minute read

January 12, 2015 | The Legal Intelligencer

The Pennsylvania Supreme, Superior and Commonwealth courts decided a few dozen cases with environmental dimensions last year. This review touches on most of them.

By David G. Mandelbaum

9 minute read

December 10, 2014 | New Jersey Law Journal

Charities taking donations of land are just like purchasers. If they wish to avoid contamination liability, they must investigate beforehand and exercise appropriate care with respect to any contamination they find.

By David G. Mandelbaum

6 minute read

December 09, 2014 | The Legal Intelligencer

On Nov. 25, the U.S. Supreme Court agreed to review the U.S. Environmental Protection Agency's mercury standard for coal- and oil-fired electric power plants. The court limited review to the question "whether the Environmental Protection Agency unreasonably refused to consider costs in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities."

By David G. Mandelbaum

8 minute read

November 11, 2014 | The Legal Intelligencer

The federal courts seem to hold that the contribution provisions of the Comprehensive Environmental Response, Compensation and Liability Act preempt private claims under state law to reallocate cleanup costs. At least they have held that in the few cases that have considered CERCLA preemption.

By David G. Mandelbaum

8 minute read

October 14, 2014 | The Legal Intelligencer

The Pennsylvania Supreme Court's fractured decision in Robinson Township v. Public Utility Commission, 83 A.3d 901 (Pa. 2013), has refocused attention on the Environmental Rights Amendment, Article I, Section 27 of the Pennsylvania Constitution.

By David G. Mandelbaum

8 minute read

September 09, 2014 | The Legal Intelligencer

Just recently, the press has reported on two examples of floating home projects motivated, at least in part, by demonstrating adaptation to sea-level rise.

By David G. Mandelbaum & Kerri L. Barsh

6 minute read

July 15, 2014 | The Legal Intelligencer

The past few weeks have been full of developments in the regulation of greenhouse gas, or GHG, emissions under the Clean Air Act. Like all rulemaking that matters, GHG regulation creates winners and losers.

By David G. Mandelbaum

7 minute read

June 19, 2014 | New Jersey Law Journal

Charities taking donations of land are just like purchasers; if they wish to avoid contamination liability, they must investigate beforehand and exercise appropriate care with respect to any contamination they find.

By David G. Mandelbaum

6 minute read