My March column in the Pennsylvania Law Weekly was delayed untl April 10.  35 Pa. L. Weekly 336.  It discusses the Supreme Court’s decision in Sackett v. Environmental Protection Agency, No. 10-1062 (U.S. Mar. 21, 2012).  Sackett holds that respondents on enforcement orders under the Clean Water Act may obtain immediate, pre-enforcement judicial review of the order, or at least of the jurisdiction of EPA to issue an order.  The United States had argued that Congress intended Clean Water Act orders to be like orders under the Comprehensive Environmental Response, Compensation and Liability Act that are insulated from pre-enforcement review by section 113(h) of CERCLA. 

To read a copy of the column click here.

Jerry Stouck of GT Washington and David Weinstein of GT Tampa offer another take on Sackett in a GT Alert that you will find by clicking here.

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Photo of David Mandelbaum David Mandelbaum

David G. Mandelbaum represents clients facing problems under environmental laws. He regularly represents clients in lawsuits and also has helped clients achieve satisfactory outcomes through regulatory negotiation or private transactions. A Fellow of the American College of Environmental Lawyers, David teaches Superfund, and…

David G. Mandelbaum represents clients facing problems under environmental laws. He regularly represents clients in lawsuits and also has helped clients achieve satisfactory outcomes through regulatory negotiation or private transactions. A Fellow of the American College of Environmental Lawyers, David teaches Superfund, and Oil and Gas Law in rotation at the Temple University Beasley School of Law as well as an environmental litigation course at Suffolk (Boston) Law School.

Since United States v. Atlas Minerals, the first multi-generator Superfund contribution case to go to trial in 1993, Mr. Mandelbaum has been engaged in matters involving allocation of costs among responsible parties, especially under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).  He has tried large cases and resolved others as lead counsel.  He has written, spoken, and taught extensively on the subject.  More recently he also has been engaged to assist lead counsel from this firm and others:

  • to develop cost allocation methodologies;
  • to craft expert testimony in support of a favored methodology (given a definition of “fairness,” why one methodology better tracks it than another);
  • to develop efficient case management approaches; and to assist private allocation as part of the neutral team.

Concentrations

  • Air, water and waste regulation
  • Superfund and contamination
  • Climate change
  • Oil and gas development
  • Water rights