June 16, 2022 | The Legal Intelligencer
Procedure or Substance and Natural or Built Under the ERAThis column seeks to sharpen up two large issues under the first sentence of Section 27, the one granting an environmental right. First, is that right substantive or procedural? Second, does the right apply to all environments, or just to "traditional environmental media?"
By David G. Mandelbaum
7 minute read
May 05, 2022 | The Legal Intelligencer
Two Big Trends Around the Corner for Environmental LawI think there is a change underway in what people generally think of as the "environment." It may actually be a return to an earlier notion.
By David G. Mandelbaum
6 minute read
April 14, 2022 | The Legal Intelligencer
The Infrastructure Investment and Jobs Act and Remedial ProgramsKnown colloquially as the BIF—the bipartisan infrastructure framework—or sometimes as the "bipartisan infrastructure bill," even though it is no longer a bill, IIJA authorizes over a trillion dollars to an enormous variety of programs.
By David G. Mandelbaum
7 minute read
February 11, 2022 | The Legal Intelligencer
What Impact Review Does Pennsylvania's ERA Require?Last month, the Pennsylvania Commonwealth Court decided another in a series of cases applying the Environmental Rights Amendment to municipal land use decisions involving the oil and gas industry.
By David G. Mandelbaum
7 minute read
January 13, 2022 | The Legal Intelligencer
Environmental Cases in the Pennsylvania Appellate Courts in 2021A review of the environmental cases decided by the Pennsylvania appellate courts last year follows. Please forgive any omissions of cases or detail in this catalogue. Many of these cases are not officially reported so not formally precedential.
By David G. Mandelbaum
11 minute read
November 11, 2021 | The Legal Intelligencer
The Fairest of Them All: Advocating CERCLA AllocationCERCLA Section 113(f) authorizes contribution claims among parties jointly and severally liable for the same response actions or costs. Section 113(f)(1) goes on to provide that "in resolving contribution claims, the court may allocate response costs among liable parties using such equitable factors as the court determines are appropriate."
By David G. Mandelbaum
8 minute read
October 14, 2021 | The Legal Intelligencer
Will Climate Change Cause Storm Water Claims to Rain Down?Storm water claims may be an emerging small-scale form of litigation driven by climate change. In Pennsylvania, like many parts of the country, a changing climate has increased the frequency of heavy rains and the intensity of rainfall events
By David G. Mandelbaum
4 minute read
September 16, 2021 | The Legal Intelligencer
'RACER Trust' and the Concinnity of CERCLA Sections 107 and 113The decision to apply Section 113 or Section 107 action-by-action or settlement-by-settlement does not improve CERCLA's concinnity.
By David G. Mandelbaum
8 minute read
August 12, 2021 | The Legal Intelligencer
Identifying the Natural Resources Subject to the Environmental Rights AmendmentThe Pennsylvania Supreme Court reversed the Commonwealth Court and held that all the amounts received by the commonwealth when it leased state lands for oil and gas development had to be appropriated to conservation and protection of public natural resources.
By David G. Mandelbaum
7 minute read
July 15, 2021 | The Legal Intelligencer
Thinking About Tree Equity and Its Benefit to Clients, CommunityIn brief summary, tree cover varies significantly among neighborhoods (more precisely, census blocks) in urban areas. A higher proportion of tree cover correlates with higher property values, higher median incomes of the residents, and with a whiter racial makeup.
By David G. Mandelbaum
7 minute read