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David G Mandelbaum

David G Mandelbaum

July 21, 2015 | The Legal Intelligencer

'Horne' and Environmental Law: The Case of the Taken Raisins

On June 22, the U.S. Supreme Court decided a takings case, Horne v. Department of Agriculture, 135 S. Ct. 1039 (2015). Horne was easy to overlook, followed as it was over the following seven days by King v. Burwell, No. 14-114 (Affordable Care Act), Obergefell v. Hodges, No. 14-556 (same-sex marriage), Michigan v. Environmental Protection Agency, No. 14-46 (Mercury Air Toxics Standards) and Arizona Legislature v. Arizona Redistricting Commission, No. 13-1314(nonpartisan redistricting).

By David G. Mandelbaum

7 minute read

July 20, 2015 | The Legal Intelligencer

'Horne' and Environmental Law: The Case of the Taken Raisins

On June 22, the U.S. Supreme Court decided a takings case, , 135 S. Ct. 1039 (2015). Horne was easy to overlook, followed as it was over the following seven days by , No. 14-114 (Affordable Care Act), , No. 14-556 (same-sex marriage), , No. 14-46 (Mercury Air Toxics Standards) and , No. 13-1314(nonpartisan redistricting).

By David G. Mandelbaum

7 minute read

May 19, 2015 | The Legal Intelligencer

Doing Environmental Due Diligence for the Right Reasons

U.S. District Judge Cynthia Rufe of the Eastern District of Pennsylvania recently decided motions in a case among successive owners of a property with an environmental problem. Her opinion in CSX Transportation v. 2712 Investors, Civil Action No. 14-7148 (E.D. Pa. Apr. 29, 2015), provides some useful reminders of very basic propositions about environmental due diligence in real estate transactions and the litigation that follows when things go wrong.

By David G. Mandelbaum

7 minute read

May 18, 2015 | The Legal Intelligencer

Doing Environmental Due Diligence for the Right Reasons

U.S. District Judge Cynthia Rufe of the Eastern District of Pennsylvania recently decided motions in a case among successive owners of a property with an environmental problem. Her opinion in , Civil Action No. 14-7148 (E.D. Pa. Apr. 29, 2015), provides some useful reminders of very basic propositions about environmental due diligence in real estate transactions and the litigation that follows when things go wrong.

By David G. Mandelbaum

7 minute read

April 21, 2015 | The Legal Intelligencer

Tactical Issues When Multiple Parties Oppose Your Client

Environmental matters typically involve adverse organizations—government agencies, business entities or NGOs—not just two individuals. Moreover, they quite typically involve more than one party on each "side," and sometimes have more than two sides. That situation poses some tactical issues for environmental lawyers.

By David G. Mandelbaum

6 minute read

April 20, 2015 | The Legal Intelligencer

Tactical Issues When Multiple Parties Oppose Your Client

Environmental matters typically involve adverse organizations—government agencies, business entities or NGOs—not just two individuals. Moreover, they quite typically involve more than one party on each "side," and sometimes have more than two sides. That situation poses some tactical issues for environmental lawyers.

By David G. Mandelbaum

6 minute read

March 31, 2015 | The Legal Intelligencer

The Budget, New Regulations and the Fear of Fracking

The first 10 days of March were interesting for those who attempt to divine regulatory priorities or enforcement strategies from environmental policy pronouncements.

By David G. Mandelbaum

8 minute read

March 31, 2015 | The Legal Intelligencer

The Budget, New Regulations and the Fear of Fracking

The first 10 days of March were interesting for those who attempt to divine regulatory priorities or enforcement strategies from environmental policy pronouncements.

By David G. Mandelbaum

8 minute read

February 17, 2015 | The Legal Intelligencer

When Can the Government Access Contaminated Sites?

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

February 17, 2015 | The Legal Intelligencer

When Can the Government Access Contaminated Sites?

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