The Legal Intelligencer | Commentary
By Gary Steinbauer and Christina Puhnaty | December 14, 2023
With Pennsylvania producing more natural gas than any other state except Texas, oil and gas producers and midstream operators must contend with another slate of new, more stringent federal air requirements.
The Legal Intelligencer | Commentary
By Kenneth J. Warren | December 7, 2023
At the time of NEPA's enactment, climate change was not perceived as a serious environmental threat. More recently, scientific evidence has shown that greenhouse gas (GHG) emissions cause adverse environmental impacts, including global warming, sea level rise and climate disruption.
The Legal Intelligencer | Commentary
By David G. Mandelbaum | November 16, 2023
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.
The Legal Intelligencer | Commentary
By Richmond L. Williams and Dylan G. LaMorte | November 2, 2023
While an asset purchase is generally a preferred structure for minimizing the risk of environmental successor liability of the target business, an asset purchase structure does not automatically protect an asset purchaser from successor liability.
The Legal Intelligencer | Commentary
By David G. Mandelbaum | October 19, 2023
Practitioners may want to take note of three subject areas and clusters of issues.
The Legal Intelligencer | Commentary
By Sean M. McGovern Amanda L. Brosy | October 5, 2023
The Shapiro administration recently released its Interim Final Environmental Justice Policy (Interim Final Policy) along with a link to the latest Environmental Justice Mapping and Screening Tool (PennEnviroScreen). The policy took effect on Sept. 16, when official notice of the interim final rulemaking was published in the Pennsylvania Bulletin.
The Legal Intelligencer | Commentary
By Kenneth J. Warren | October 5, 2023
In this Supreme Court term, however, Loper Bright Enterprises v. Raimondo, presents the question of whether Chevron should be overruled or limited. Because in prior cases several members of the court have questioned whether judicial deference to administrative agencies is appropriate, Chevron's continued viability is in doubt.
By David G. Mandelbaum | September 14, 2023
The case has received some serious attention in the weeks since because Judge Kathey Seely found that the plaintiffs—16 young residents of Montana—had suffered and would suffer injury on account of climate change caused by greenhouse gas emissions in Montana and combustion of fossil fuels extracted from Montana.
The Legal Intelligencer | Commentary
By Bryan Franey and Brielle Brown | September 7, 2023
This article provides an overview of the areas and projects subject to the EJ Policy, the enhanced public participation and prioritized compliance and enforcement efforts that will be applied to projects subject to the policy, and describes what the regulated community can expect and do to incorporate the policy into project planning and operations.
The Legal Intelligencer | Commentary
By Varun Shekhar | August 24, 2023
The emergency affirmative defense provision under 40 C.F.R. Parts 70 and 71 originated from rulemaking promulgated by the EPA in 1992. This rulemaking was intended to implement the 1990 amendments to the CAA which established Title V, including requirements for operating permitting programs as applicable to among other things, "major sources."
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