The Legal Intelligencer | Commentary
By David G. Mandelbaum | October 22, 2020
When a party "cashes out" of its liability to the government under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), under Environmental Protection Agency (EPA) guidance in place since 1988 the settling party typically pays a premium over what would otherwise be its equitable share.
By Brenda Sapino Jeffreys | October 15, 2020
Baker Botts, Pillsbury Winthrop Shaw Pittman, and K&L Gates have each launched multidisciplinary hydrogen and related practices to serve their energy sector clients.
The Legal Intelligencer | Commentary
By Caleb J. Holmes | October 8, 2020
Earlier this month, the U.S. Court of Appeals for the Third Circuit issued an opinion in N.J. Department of Environmental Protection (NJDEP) v. American Thermoplastics, No. 18-2865. It adds a new wrinkle on CERCLA Section 113(f)(2).
The Legal Intelligencer | Commentary
By Mark L. Greenfogel | October 8, 2020
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.
The Legal Intelligencer | News
By Lizzy McLellan | October 5, 2020
While energy practices haven't been growing as much lately, Reed Smith is still looking to bolster it as a core practice. And more may be on the way.
The Legal Intelligencer | Commentary
By Gary Steinbauer | October 1, 2020
Lawsuits pending before the U.S. Court of Appeals for the D.C. Circuit are likely to shape the U.S. Environmental Protection Agency's (EPA's) authority to regulate greenhouse gas (GHG) emissions from stationary sources under the Clean Air Act (CAA).
The Legal Intelligencer | Commentary
By Megan A. Elliott | September 10, 2020
On Aug. 13, the Environmental Protection Agency (EPA) issued two final rules impacting the new source performance standards (NSPS) for the oil and natural gas industry pursuant to its authority under the Clean Air Act (CAA).
The Legal Intelligencer | Commentary
By Caleb J. Holmes | August 13, 2020
Although the Supreme Court declined to specifically endorse the trial court's gatekeeper role, its opinion assures that the trial court's role in assessing the admissibility of expert testimony still exists under Pennsylvania's Frye analysis.
The Legal Intelligencer | Commentary
By Mark L. Greenfogel | August 6, 2020
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.
The Legal Intelligencer | Commentary
By Julie R. Domike and Gina N. Falaschi | July 30, 2020
The transportation sector is the nation's largest source of greenhouse gas emissions. To reduce these emissions, cleaner transportation initiatives are on the rise nationwide, with new state programs being announced almost daily. While California has always been in the forefront of these enterprises, other states, including Pennsylvania, are not far behind.
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