On December 12, most nations of the world entered into an agreement on mitigation of and adaption to climate change.  When, one may ask, will that agreement affect what regulated entities in the United States and their lawyers do?

We have posted a description of the Paris meeting, describing our colleague Jim Bacchus‘ role.  My column this month in the Pennsylvania Law Weekly / Legal Intelligencer considers the question of what the Paris Agreement means for conventional, domestic law practice.  I suggest that it means little directly, because the United States’ “intended nationally determined contribution” to achieving the goals of the agreement relies entirely on regulations already proposed or adopted under the Clean Air Act, the Energy Policy Act, and the Energy Independence and Security Act.  However, it may also mean a great deal because it may alter the way one looks at the conservatism embedded in most environmental regulatory programs.

Read When Will Paris Affect Pennsylvania Environmental Practice?, 38 Pa. L. Weekly 1184 (Dec. 22, 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