The federal Superfund statute allows a private person to recover “necessary costs of response incurred” by that person consistently with the governing regulation, the national contingency plan. A recent appellate
Continue Reading What Does It Take to ‘Incur’ a Cleanup Cost Under CERCLA?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 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
Assessing Loper Bright’s Potential Real-World Effects on Environmental Regulation
In June 2024, the U.S. Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, No. 22-451, and Relentless, Inc. v. Dep’t of Commerce (U.S. June 28, 2024)…
Continue Reading Assessing Loper Bright’s Potential Real-World Effects on Environmental RegulationIntervention and the Environmental Rights Amendment
Last month, the Pennsylvania Supreme Court held that environmental groups could intervene in litigation to use the Environmental Rights Amendment of the Pennsylvania Constitution to support a regulation even though…
Continue Reading Intervention and the Environmental Rights AmendmentJury Trials for Environmental Enforcement: What Now After SEC v. Jarkesy?
Last month, the U.S. Supreme Court decided Securities & Exchange Commission v. Jarkesy, No. 22-859 (U.S. June 27, 2024), holding that the SEC cannot assess civil penalties for securities…
Continue Reading Jury Trials for Environmental Enforcement: What Now After SEC v. Jarkesy?Rule of Professional Conduct 1.1 and Climate Change
Last month at the Pennsylvania Bar Institute’s Environmental Law Forum, over 100 environmental lawyers discussed the implications of the duty of competence imposed by Rule of Professional Conduct 1.1 on…
Continue Reading Rule of Professional Conduct 1.1 and Climate ChangeThe Weirdness of Appeals Under Section 308 of Act 2
Pennsylvania has an aggressive brownfields remediation program under the Land Recycling and Environmental Remediation Standards Act (Act 2), 35 Pa. Stat. Ann. Sections 6026.101 to .908. Section 308 of Act…
Continue Reading The Weirdness of Appeals Under Section 308 of Act 2SEC Adopts Comprehensive Package of Climate-Related Disclosure Rules; Scope 3 Emission Metrics Excluded
On March 6, 2024, the Securities and Exchange Commission (SEC) adopted by a 3-2 vote a series of new and extensive disclosure rules that will require all registered companies, including…
Continue Reading SEC Adopts Comprehensive Package of Climate-Related Disclosure Rules; Scope 3 Emission Metrics ExcludedEnvironmental Law and the Brownfield ‘Energy Community’ Clean Energy Tax Credit Bonus Under the IRA
The Inflation Reduction Act, Pub. L. No. 117-169, 136 Stat. 1818 (Aug. 16, 2022), among other things creates tax incentives for clean energy development. The IRA enhances those tax credits…
Continue Reading Environmental Law and the Brownfield ‘Energy Community’ Clean Energy Tax Credit Bonus Under the IRAIs One Dollar Enough Under CERCLA?
Many Superfund practitioners have spent years litigating cases in which a private plaintiff seeks to establish that defendants are liable for costs of responding to a Superfund problem and that…
Continue Reading Is One Dollar Enough Under CERCLA?Some 2024 Resolutions for Environmental Lawyers
You are reading this column in the first days of 2024. This might be an apt opportunity in the “environmental practice” column to consider what we environmental lawyers ought to…
Continue Reading Some 2024 Resolutions for Environmental Lawyers