Diligence on environmental liabilities in real estate transactions is reasonably basic stuff.  But one does the diligence in order to avoid litigation.  When a lawsuit happens, it can serve as a reminder of basic points about why environmental due diligence makes sense and what sorts of claims arise when bad things happen after a deal closes.  A recent opinion in CSX Transportation v. 2712 Investors, Civil Action No. 14-7148 (E.D. Pa. Apr. 29, 2015), provided such a reminder that I shared in my May Environmental Practice column for the Pennsylvania Law Weekly. 

Read Doing Environmental Due Diligence for the Right Reasons, 38 Pa. L. Weekly 460 (May 19, 2015), 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
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