David G Mandelbaum

May 11, 2021 | The Legal Intelligencer

Roughly 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

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

The 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

Unsurprisingly, 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

When 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

Events 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 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

By 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

On 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

May 02, 2019 | The Legal Intelligencer

When several parties are responsible for a Superfund site, often some parties resolve their obligations to the government before other parties. How the government and the courts account for those settlements matters to the exposure of the remaining parties.

By David G. Mandelbaum

8 minute read