David G. Mandelbaum

December 17, 2024 | The Legal Intelligencer

Although we may think some of the structures erected over the past 55 years could do with a redesign many of us think that some features of them really do serve some purpose. If it all burns, surely many of us have some thoughts about what the Phoenix might look like. I offer a few to get the ball rolling.

By David G. Mandelbaum

7 minute read

September 19, 2024 | The Legal Intelligencer

A recent appellate decision, to be sure unreported and therefore not binding, raises the interesting question of what a person must do to "incur" a cost. The person in question was a law firm and this is an "environmental law practice" column, so the question may be doubly interesting.

By David G. Mandelbaum

7 minute read

August 02, 2024 | The Legal Intelligencer

Because the courts have not fleshed out all the nuances of what the Environmental Rights Amendment means, this superficially procedural decision may have important implications for how that constitutional jurisprudence develops.

By David G. Mandelbaum

7 minute read

July 12, 2024 | The Legal Intelligencer

Last month, the U.S. Supreme Court decided Securities & Exchange Commission v. Jarkesy, holding that the SEC cannot assess civil penalties for securities fraud through an administrative tribunal.

By David G. Mandelbaum

8 minute read

May 13, 2024 | The Legal Intelligencer

Just as a lawyer must have a basic understanding of many things that may affect a client's business or activities, the lawyer also has to have a basic understanding of how a changing climate will have changing effects on clients

By David G. Mandelbaum

8 minute read

April 25, 2024 | The Legal Intelligencer

Section 308 of Act 2 makes all "decisions by the Department of Environmental Protection involving the reports and evaluations required under Act 2 to be considered appealable actions under" the Environmental Hearing Board Act. That stands out from the rest of Pennsylvania environmental law. It has not been litigated very often, but it may pose risks for practitioners.

By David G. Mandelbaum

7 minute read

March 04, 2024 | The Legal Intelligencer

There may be some confusion over how "brown" a "brownfield" has to be to qualify, but just the label connotes an increased risk of residual liability to those associated with the site to clean up contamination. Therefore, these tax provisions create a demand for the conventional environmental practice tools that manage that risk.

By David G. Mandelbaum

8 minute read

February 09, 2024 | The Legal Intelligencer

Often, the plaintiff has brought the case even though the plaintiff has not paid a very significant portion of the total costs, has not committed to pay a significant portion of the costs, and has not been adjudicated responsible for anything. Why does that private plaintiff get to trigger allocation litigation?

By David G. Mandelbaum

8 minute read

January 05, 2024 | The Legal Intelligencer

My observations are no more profound than anyone else's. But as I begin my fifth decade in this line of work, I feel at least moderately comfortable playing the grizzled—but I hope not yet hoary—veteran.

By David G. Mandelbaum

8 minute read

November 16, 2023 | The Legal Intelligencer

The issues of how one proves that one ought to take a discount from a property's "clean" value for tax, eminent domain, or other valuation purposes, how big that discount ought to be, and how long it ought to last remain vexing.

By David G. Mandelbaum

7 minute read