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."
The Legal Intelligencer | Commentary
By David G. Mandelbaum | August 10, 2023
Cape Cod has a problem with nitrogen pollution of its embayments and waterways. The solution that Massachusetts began to implement on July 7 may offer some lessons for Pennsylvania practitioners.
The Legal Intelligencer | Commentary
By Kenneth J. Warren | August 3, 2023
While clearly important to environmental lawyers focused on the development and administration of environmental regulations, the recent changes apply broadly across the larger regulatory landscape.
The Legal Intelligencer | Commentary
By Elizabeth Smith and Frannie Reilly | July 27, 2023
This rise in AI also comes at a time when more and more individuals are incorporating environmental and social issues into their everyday lives—including their choices as consumers.
By The Legal Intelligencer | July 25, 2023
In The Legal's Energy/Environmental Law supplement read about the attorney fee provision in Pennsylvania's Clean Streams Law, green investing, marketing and ESG, and PFAS litigation.
The Legal Intelligencer | Commentary
By Steven Miano, Peter Keays and Rhea Prabhu | July 22, 2023
With pressure mounting on the federal and state governments to more tightly regulate PFAS, these "forever chemicals" may well be the contemporary version of asbestos or PCBs when it comes to environmental litigation.
The Legal Intelligencer | Commentary
By Devin T. Ryan | July 21, 2023
This article will investigate the Pennsylvania Commonwealth Court and Supreme Court's recent rulings on agency deference.
The Legal Intelligencer | Commentary
By Joseph K. West | July 21, 2023
What is at stake is how we address environmental factors like climate change and water and air pollution, social factors like diversity, equity and inclusion, and governance factors like hiring and lobbying in boardrooms and as a society.
By Brigid Landy Khuri | July 21, 2023
This article argues that requiring a permittee to pay the attorney fees of a third-party challenger to a permit in the absence of bad faith on the part of the permittee would violate the Fourteenth Amendment of the U.S. Constitution.
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