Mark L Greenfogel

Mark L Greenfogel

October 08, 2020 | The Legal Intelligencer

New Jersey Takes Action Toward Environmental Justice

Environmental justice, which the U.S. Environmental Protection Agency defines as "the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies," is essential to achieving this goal and ensuring that people living in Black and Brown communities have access to clean air, clean water, safe outdoor recreation, healthy food and protection from pollution.

By Mark L. Greenfogel

8 minute read

August 06, 2020 | The Legal Intelligencer

Second Circuit Revisits Limitations Period for CERLCA Cost Recovery

A critical element of the CERCLA regime is a mechanism by which parties who have or will spend large sums of money remediating contamination at a site can attempt to recoup some or all of its costs from other parties alleged responsible for the contamination.

By Mark L. Greenfogel

8 minute read

June 11, 2020 | The Legal Intelligencer

D.C. Circuit Clarifies Clean Air Act Good Neighbor Provision Petition Criteria

While the pandemic has also resulted in a decrease in electricity consumption, and along with it a reported decrease in emissions of pollutants such as carbon dioxide, nitrogen dioxide and sulfur dioxide, air quality concerns remain.

By Mark L. Greenfogel

8 minute read

December 12, 2019 | The Legal Intelligencer

3rd Circ. Affirms CERCLA Cost-Recovery, Contribution Claim Limitations Periods

It is not unusual for judges deciding a case under the Comprehensive Environmental Response, Contribution, and Liability Act, 42 U.S.C. Section 9601 et seq. (CERCLA) to acknowledge CERCLA's reputation for imprecise drafting and ambiguity

By Mark L. Greenfogel

7 minute read

June 13, 2019 | The Legal Intelligencer

Ninth Circuit Hears Oral Argument in Youth Climate Change Litigation

In this case, initially filed in the U.S. District Court for the District of Oregon in August 2015, a group of 21 children allege that the federal government defendants, including the United States, the president, and the heads of several executive agencies, have denied them their constitutional rights to life, liberty or property without due process of law.

By Mark L. Greenfogel

8 minute read

January 31, 2019 | The Legal Intelligencer

PADEP Adopts Revised Storage Tank Regulations

On Dec. 22, 2018, the Pennsylvania Department of Environmental Protection (PADEP) adopted amendments to regulations codified in 25 Pa. Code Ch. 245, relating to Administration of the Storage Tank and Spill Prevention Program.

By Mark L. Greenfogel

7 minute read

October 11, 2018 | The Legal Intelligencer

Circuits Affirm State Role in Regulations Affecting Wholesale Electricity Markets

Earlier this week, the United Nations Intergovernmental Panel on Climate Change (IPCC) released its first report commissioned under the Paris agreement.

By Mark L. Greenfogel

7 minute read

June 14, 2018 | The Legal Intelligencer

EPA Seeking Comments on Cost-Benefit Analysis Regulations

Once the EPA identifies a source of potential environmental harm, it then decides whether and how to regulate, and certain statutes also require the EPA to perform a cost-benefit analysis. By way of background, the risk management framework for federal agencies started to change in the early 1980s.

By Mark L. Greenfogel

1 minute read

February 01, 2018 | The Legal Intelligencer

Supreme Court to Address FWS Designation of Critical Habitat Under the ESA

Last week the Supreme Court granted certiorari to hear Weyerhauser v. U.S. Fish and Wildlife Service, following denial of a rehearing en banc in the Fifth Circuit Court of Appeals.

By Mark L. Greenfogel

8 minute read

October 12, 2017 | The Legal Intelligencer

Hurricane Harvey Raises Questions About Chemical Facility Safety

The 2017 Atlantic hurricane season, which runs from June 1 through November 30, has already been one of the most devastating on record.

By Mark L. Greenfogel

13 minute read