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 ExcludedDavid 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
Environmental 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 LawyersCommonwealth Court Offers Another Take on Valuing Contaminated Property
Intuitively, contamination reduces the value of property. But intuition does not count as evidence. The issues of how one proves that one ought to take a discount from a property’s…
Continue Reading Commonwealth Court Offers Another Take on Valuing Contaminated PropertyThe Last Year in CERCLA: Practitioners Should Take Note
I was asked earlier this month to condense into an eight-minute presentation what a particular group of senior environmental lawyers “ought to know about developments in Superfund since October 2022…
Continue Reading The Last Year in CERCLA: Practitioners Should Take NoteThe Montana ‘Youth Climate Case’ and the Pa. Environmental Rights Amendment
On Aug. 14, a trial judge in Montana issued findings of fact and conclusions of law after a bench trial in what has been called the Montana “Youth Climate Case.”…
Continue Reading The Montana ‘Youth Climate Case’ and the Pa. Environmental Rights AmendmentPa. Lessons From the New Massachusetts Rules for Cape Cod On-Lot Sewage Systems
Cape Cod has a problem with nitrogen pollution of its embayments and waterways. The solution that Massachusetts began to implement on July 7 may offer some lessons for Pennsylvania practitioners.
Continue Reading Pa. Lessons From the New Massachusetts Rules for Cape Cod On-Lot Sewage SystemsWetlands Regulation in Pennsylvania After ‘Sackett’ Ruling
Last month the U.S. Supreme Court restricted federal jurisdiction over filling and altering wetlands. See Sackett v. Environmental Protection Agency, No. 21-454 (U.S. May 25, 2023). The president promptly…
Continue Reading Wetlands Regulation in Pennsylvania After ‘Sackett’ RulingLessons from Someone Else’s Book About a Big Matter I Handled
I recently finished P. David Allen II’s and Susan Campbell’s new book Paper Valley: The Fight for the Fox River Cleanup (Wayne State Univ. Press 2023). Allen was a wildlife…
Continue Reading Lessons from Someone Else’s Book About a Big Matter I Handled