David G Mandelbaum

February 28, 2012 | The Legal Intelligencer

Many businesses that affect the environment hold what one might call "environmental debt."

By David G. Mandelbaum

7 minute read

July 06, 2010 | The Legal Intelligencer

Development of the Marcellus Shale natural gas play has sparked a natural resource "boom" in western and northern Pennsylvania, along with neighboring states West Virginia, Ohio and Maryland. It could do the same in the southern tier of New York.

By David G. Mandelbaum

10 minute read

January 11, 2011 | The Legal Intelligencer

On Nov. 18, the Pennsylvania Statewide Water Resources Committee adopted an amendment to the new Pennsylvania State water plan designating two pairs of watersheds as "critical water planning areas."

By David G. Mandelbaum

9 minute read

July 23, 2013 | The Legal Intelligencer

Earlier this month, in Interfaith Community Organization v. Honeywell International, No. 11-3813 (3d Cir. July 8, 2013), the U.S. Court of Appeals for the Third Circuit decided that a defendant in a federal environmental citizen suit may make an offer of judgment under Federal Rule of Civil Procedure 68, at least as to the plaintiff's claim for attorney fees.

By David G. Mandelbaum

7 minute read

October 22, 2013 | The Legal Intelligencer

Climate change has been in the general and legal news a good bit lately. Most of the news has to do with whether or how the federal and state environmental regulators ought to limit emissions of greenhouse gases. You see less discussion of whether or how the government or enterprises ought to adapt to the likelihood of change. Adaptation seems less controversial and more likely to create opportunity for those who do it right.

By David G. Mandelbaum

7 minute read

July 11, 2013 | New Jersey Law Journal

Whether the plaintiff is a government agency or an individual citizen, it is not always easy to get defendants to comply with environmental orders.

By David G. Mandelbaum

7 minute read

December 27, 2011 | The Legal Intelligencer

On Dec. 19, the 2nd U.S. Circuit Court of Appeals took on the confusing question of declaratory judgments under the federal Superfund statute, the Comprehensive Environmental Response, Compensation and Liability Act.

By David G. Mandelbaum

9 minute read

October 25, 2011 | The Legal Intelligencer

On Oct. 12, Judge Terrence F. McVerry of the U.S. District Court for the Western District of Pennsylvania granted motions by the defendants in United States v. EME Homer City Generation to dismiss federal Clean Air Act and Pennsylvania Air Pollution Control Act enforcement actions brought by the U.S., the Commonwealth and the downwind states of New Jersey and New York concerning the Homer City power plant.

By David G. Mandelbaum

9 minute read

June 28, 2011 | The Legal Intelligencer

Two recent appeals to the Pennsylvania Environmental Hearing Board raise difficult issues concerning aggregation of air emission sources for purposes of regulating them under the federal Clean Air Act and the Pennsylvania Air Pollution Control Act

By David G. Mandelbaum

9 minute read

September 27, 2011 | The Legal Intelligencer

On Aug. 26, Chief Judge Thomas W. Renwand of the Pennsylvania Environmental Hearing Board rendered an opinion in Consol Pennsylvania Co. v. Department of Environmental Protection , exploring some basic — if confusing — principles of EHB jurisdiction and procedure.

By David G. Mandelbaum and Sabrina Mizrachi

10 minute read