The Legal Intelligencer | Commentary
By David G. Mandelbaum | September 1, 2022
The Supreme Court can only decide so many cases. If we are to have a constitutional environmental provision with relevance to the interaction of private activities with the government, Pennsylvania business, organizations, and their lawyers need some guidance on both parts of the ERA.
The Legal Intelligencer | Commentary
By Maram Salaheldin | August 24, 2022
A strategy often adopted to propel an organization forward (e.g., by attracting customers or investors), ESG can create negative repercussions for an organization if the blindside is not identified and managed.
The Legal Intelligencer | Commentary
By Kenneth J. Warren | August 4, 2022
Relying on the "major questions doctrine," the court in West Virginia v. EPA held that in the absence of clear Congressional authorization, the EPA could not lawfully promulgate regulations that would transform a sector of the economy by requiring coal-fired power plants to reduce their production or to subsidize natural gas, wind or solar sources.
The Legal Intelligencer | Commentary
By Gary Steinbauer and Christina Puhnaty | August 4, 2022
The proposed rule does not limit covered sources' GHG emissions or require sources to take any steps to reduce their GHG emissions. It is strictly a reporting rule, creating a massive dataset that the EPA uses to assess trends and make other policy decisions.
By The Legal Intelligencer | July 26, 2022
In The Legal's Energy/Environmental Law supplement, read about NRD enforcement in Pennsylvania, EV charging station proposals and environmental justice in the Biden era.
The Legal Intelligencer | Commentary
By Gina N. Falaschi and Marley R. Kimelman | July 21, 2022
The majority found that the term "best system of emission reduction" does not include a regulatory scheme that requires shifting power generation from coal to natural gas and renewable or other zero-emitting sources. While a narrow holding, this decision will impact the Biden administration's coming regulations regarding power plants and many future rulemakings as well.
The Legal Intelligencer | Commentary
By Courtney C.T. Horrigan, Elizabeth L. Taylor and Kya R. Coletta | July 21, 2022
The California court's interpretation turns the duty to defend on its head by going beyond the words in the complaint to infer the plaintiffs' case theory, rather than construing defense coverage broadly to protect the policyholder.
The Legal Intelligencer | Commentary
By Matthew Conley | July 20, 2022
A recent decision from the Pennsylvania Commonwealth Court addressing Pennsylvania's authority and standing to seek NRD may further embolden state officials. The regulated community should be aware of changing NRD landscape in Pennsylvania and work with counsel to manage potential NRD liabilities.
The Legal Intelligencer | News
By Max Mitchell | July 19, 2022
Tulante said he aims to bolster and build out the company's legal team at a time when Form Energy is now beginning to enter the commercialization phase.
The Legal Intelligencer | Commentary
By Bonnie Allyn Barnett and Sara Molinsky | July 18, 2022
A review of the national landscape shows that executive orders and federal enforcement agendas are focused on prioritizing EJ. At the same time, states are revising permitting regulations to incorporate EJ obligations that evaluate a facility's impact on environmental equity, require community engagement and, in some cases, an evaluation of cumulative risk.
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