Regulating Fracking: Zoning and States' Interests
The Legal Intelligencer
Tuesday, May 21, 2013
In the August 28, 2012, column in this series, "Natural Gas and Zoning: The Commonwealth Court's Act 13 Decision," David G. Mandelbaum discussed Robinson Township v. Public Utilities Commission, holding Act 13's zoning pre-emption to be unconstitutional. He ended by posing the broader question of whether states or municipalities ought to regulate natural gas development.
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Reading Between the Lines: Informal Guidance in Environmental Regulation
The Legal Intelligencer
Friday, May 10, 2013
Environmental law practitioners are required to be familiar with a wide range of administrative actions by federal, state and local environmental agencies. These actions span what one court called a "sometimes murky spectrum" from formal agency adjudications and rulemaking, to purely informal advice and input provided by individual agency employees such as case managers overseeing a site undergoing remediation.
A Reminder About Pollution Legal Liability Coverage
The Legal Intelligencer
Tuesday, April 23, 2013
A recent decision from the federal district court in Pittsburgh highlights the importance of carrying environmental insurance, especially in connection with properties or facilities with an increased potential for environmental legacy liabilities.
Recycling Secondary Manufacturing Materials Before They Become Waste
The Legal Intelligencer
Friday, April 12, 2013
The quantity of waste materials generated and disposed in the United States is staggering. The U.S. Environmental Protection Agency estimates that we generate annually approximately 250 million tons of municipal solid waste, 7.6 billion tons of industrial solid waste (including wastewater) and over 34 million tons of hazardous waste.
Is EPA Playing Chicken With Clean Air Act Greenhouse Gas Standards?
The Legal Intelligencer
Tuesday, April 2, 2013
According to sources within the Obama administration, the Environmental Protection Agency will delay issuing a final rule that would limit carbon emissions from new power plants.
Bona Fide Prospective Tenant Endorsed as New CERCLA-Protected Class
The Legal Intelligencer
Friday, March 8, 2013
The U.S. Environmental Protection Agency recently issued new guidance that will help tenants leasing contaminated property to minimize their risk of environmental liability under the Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as CERCLA.
Federal Bar to Environmental Hearing Board Jurisdiction
The Legal Intelligencer
Tuesday, March 5, 2013
On February 5, U.S. District Court Judge Robert D. Mariani of the Middle District of Pennsylvania granted Tennessee Gas Pipeline Co. LLC's (TGPC) motion for a preliminary injunction in Tennessee Gas Pipeline v. Delaware Riverkeeper Network.
Federal Court Limits EPA Regulation of Stormwater
The Legal Intelligencer
Friday, February 8, 2013
The goal of the federal Clean Water Act (CWA) is to restore and maintain the chemical, physical and biological integrity of our nation's waters. To date, the CWA has been effective in improving water quality in many waterbodies.
Governmental Cost Recovery Under the Solid Waste Management Act
The Legal Intelligencer
Tuesday, January 29, 2013
The environmental laws are full of provisions that could turn into large sources of liability but never do. One of those sleeping liabilities may have stirred last month. Pennsylvania Department of Environmental Protection v. Blue Chip Transportation, No. 153 C.D. 2012 (Pa. Commw. Ct. Dec. 13, 2012), was an action by the state to recover the costs of addressing the Starr tire pile.
New Environmental Permit Policy Presents Significant Changes
The Legal Intelligencer
Friday, January 11, 2013
On November 3, 2012, the Pennsylvania Department of Environmental Protection (DEP) published its new Permit Decision Guarantee for activities subject to environmental permitting. With the Permit Decision Guarantee, which replaces the DEP's Money-Back Guarantee policy, the DEP intends to prioritize high-quality applications for projects with demonstrative positive economic impacts. At the same time, to combat what DEP Secretary Michael Krancer described as a widespread problem of the DEP fixing subpar permit applications during the review process, the new policy indicates that the DEP will have less tolerance for initial applications that fail to meet what the DEP believes are established legal and technical standards. As will be discussed in greater detail below, by placing greater emphasis on the initial application, the Permit Decision Guarantee may alter the way businesses approach the environmental permitting process and position applications going forward.
