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David G Mandelbaum

David G Mandelbaum

June 16, 2022 | The Legal Intelligencer

Procedure or Substance and Natural or Built Under the ERA

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

Two Big Trends Around the Corner for Environmental Law

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

The Infrastructure Investment and Jobs Act and Remedial Programs

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

What Impact Review Does Pennsylvania's ERA Require?

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

Environmental Cases in the Pennsylvania Appellate Courts in 2021

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

The Fairest of Them All: Advocating CERCLA Allocation

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

Will Climate Change Cause Storm Water Claims to Rain Down?

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

'RACER Trust' and the Concinnity of CERCLA Sections 107 and 113

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

Identifying the Natural Resources Subject to the Environmental Rights Amendment

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

July 15, 2021 | The Legal Intelligencer

Thinking About Tree Equity and Its Benefit to Clients, Community

In 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