In January, my monthly column in the Pennsylvania Law Weekly reviewed the treatment of environmental issues by the Pennsylvania appellate courts in the previous year.  Read the very-cleverly-titled Environmental Cases in the Pennsylvania Courts During 2015, 39 Pa. L. Weekly 56 (Jan. 19, 2016), by clicking here.

The cases addressed follow:

Berner v. Montour Twp., 120 A.3d 433 (Pa. Commw. Ct. 2015)

Borough of Avondale v. New Garden Twp., 111 A.3d 817 (Pa. Commw. Ct. 2015)

Borough of Indian Lake v. Rohrich, 22 C.D. 2015 (Pa. Commw. Ct. Aug. 27, 2015)

Borough of St. Clair v. Blythe Twp., 112 A.3d 701 (Pa. Commw. Ct. 2015)

Consol Pennsylvania Coal Co. v. Department of Environmental Protection, 351 C.D. 2015 (Pa. Commw. Ct. Dec. 15, 2015)

Department of Environmental Protection v. Spangler, 109 A.3d 321 (Pa. Commw. Ct. 2015)

EQT Production v. Department of Environmental Protection, 15 MAP 2015 (Pa. Dec. 29, 2015)

Fegley v. Lehigh County Board of Elections, 1905 C.D. 2014 (Pa. Commw. Ct. Sept. 15, 2015)

Feudale v. Aqua Commonwealth, Inc., 335 M.D. 2014 (Pa. Commw. Ct. July 22, 2015)

Gibraltar Rock v. New Hanover Twp., 118 A.3d 461 (Pa. Commw. Ct. 2015)

Gilbert v. Synagro Central, 121 MAP 2014 (Pa. Dec. 21, 2015)

Glencannon Homes Association v. North Strabane Twp., 116 A.3d 706 (Pa. Commw. Ct. 2015)

Haney v. Range Resources-Appalachia, 1130 W.D. 2014 (Pa. Super. Ct. Apr. 14, 2015)

Harley-Davidson v. Springettsbury Twp., 82 MAP 2014 (Pa. Sept. 29, 2015)

Harvilchuck v. Department of Environmental Protection, 117 A.3d 368 (Pa. Commw. Ct. 2015)

Hogan v. Lower Bucks Joint Municipal Authority, 1462 C.D. 2014 (Pa. Commw. Ct. Aug. 26, 2015)

Huckleberry Association v. South Whitehall Twp. ZHB, 120 A.3d 1110 (Pa. Commw. Ct. 2015)

Kusher v. Woloschuk, 114 A.3d 900 (Pa. Commw. Ct. 2015)

Maxatawny Twp. v. Department of Environmental Protection, 2369 C.D. 2014 (Pa. Commw. Ct. Oct. 16, 2015)

Pennsylvania Environmental Defense Foundation v. Commonwealth, 108 A.3d 140 (Pa. Commw. Ct. 2015), appeal pending, No. 10 MAP 2015 (Pa. filed Feb. 6, 2015)

Pennsylvania Independent Oil & Gas Association v. Department of Environmental Protection, 321 M.D. 2015 (Pa. Commw. Ct. Dec. 29, 2015)

Rausch Creek Land v. Porter Associations, 1078 MDA 2014 (Pa. Super. Ct. May 8, 2015)

Waste Management, Inc. v. Department of Environmental Protection, 107 A.3d 273 (Pa. Commw. Ct. 2015)

Wyeth Pharmaceuticals v. Borough of West Chester, 2116 C.D. 2014 (Pa. Commw. Ct. Nov. 5, 2015)

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
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