My column this month in the Legal Intelligencer / Pennsylvania Law Weekly takes stock of the intersection of Title VI of the Civil Rights Act of 1964 and environmental regulation and enforcement, part of what is often called “environmental justice.”

On April 12, EPA issued a Draft Title VI Supplement to Plan EJ 2014.   Plan EJ 2014 is EPA’s statement of its intentions for how to integrate environmental into environmental regulatory decisionmaking as required by Executive Order 12898.  Plan EJ 2014 was the subject of Samantha Corson’s posting on this blog in September 2011, when the plan first appeared, which you can read by clicking here.

Read the column, Where Does Environmental Justice Stand?, 35 Pa. L. Weekly 476 (May 22, 2012), here.

*The opinions expressed in this column are those of the author and do not necessarily reflect the views of Greenberg Traurig or its clients.

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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