Kaitlyn R Maxwell

September 29, 2022 | The Legal Intelligencer

The Environmental Protection Agency has proposed to list two "forever chemicals"—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)—as "hazardous substances" under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund).

By David G. Mandelbaum and Kaitlyn R. Maxwell

8 minute read

December 16, 2021 | The Legal Intelligencer

This article highlights potential litigation risks associated with ESG-related statements, a Pennsylvania litigation case example, and ways to mitigate ESG litigation risk.

By Kaitlyn R. Maxwell

6 minute read

December 17, 2020 | The Legal Intelligencer

On Nov. 25, Gov. Tom Wolf approved House Bill 1808 (now, Act No. 127), which amends Pennsylvania's Solid Waste Management Act by categorizing "advanced recycling" as manufacturing rather than waste processing or treatment.

By Kaitlyn R. Maxwell

6 minute read

November 14, 2019 | The Legal Intelligencer

The benefits of cleaning up and reusing contaminated properties are difficult to overstate—these voluntary cleanups promote reuse of existing infrastructure, protect human health, provide economic benefits to the surrounding area and assist in the preservation of undeveloped green spaces.

By Kaitlyn R. Maxwell

6 minute read

July 11, 2019 | The Legal Intelligencer

The U.S. Supreme Court recently had the opportunity to overturn Auer deference, Kisor v. Wilkie, No. 18-15, (U.S. June 26, 2019). A 5-4 majority declined to do so, but not without emphasizing the limits of the doctrine.

By Kaitlyn R. Maxwell

7 minute read

January 30, 2019 | The Legal Intelligencer

There are countless articles to read about “how” to create a business plan. But exploring the “why” of having a plan may be of greater value, particularly for associates and more junior attorneys.

By Kaitlyn R. Maxwell and Alexander L. Scarola

4 minute read

June 14, 2018 | The Legal Intelligencer

The Supreme Court of Pennsylvania issued two decisions on June 1 relating to the operation of natural gas wells in Pennsylvania. This article focuses on one of those decisions: Gorsline v. Board of Supervisors of Fairfield Township, No. 67 MAP 2016 (Pa. June 1).

By Kaitlyn R. Maxwell

1 minute read

November 16, 2017 | The Legal Intelligencer

An appeal pending before the U.S. Court of Appeals for the Third Circuit asks whether CERCLA pre-empts state law claims for medical monitoring, Giovanni v. U.S. Dep't of the Navy, No. 17-2473 (3d Cir.). This is an important issue in the context of perfluorinated chemicals (PFCs) because the exact health effects remain in dispute.

By Kaitlyn R. Maxwell

6 minute read

August 18, 2016 | The Legal Intelligencer

On July 26, the Commonwealth Court denied a petition seeking declaratory and mandamus relief to require the Pennsylvania Public Utility Commission (PUC) and a group of executive government officials to regulate greenhouse gases consistent with Article I, Section 27, of the Pennsylvania Constitution in Funk v. Wolf, No. 467 M.D. 2015 (Pa. Commw. Ct. July 26, 2016). Article I, Section 27, is commonly referred to as the Environmental Rights Amendment (ERA).

By Kaitlyn R. Maxwell

15 minute read

August 18, 2015 | The Legal Intelligencer

The U.S. Court of Appeals for the Third Circuit recently determined that the U.S. Environmental Protection Agency acted within its statutory authority in publishing the total maximum daily load, or TMDL, of nitrogen, phosphorous and sediment that can be released into the Chesapeake Bay to comply with the Clean Water Act, in American Farm Bureau Federation v. U.S. Environmental Protection Agency, No. 13-4079 (3d Cir. July 6, 2015).

By Kaitlyn R. Maxwell

8 minute read