An appellate decision earlier this month addressing the cultural value of a fishery resource for purposes of a natural resources damages claim raises issues worth thinking about, not only with respect to NRD claims but also with respect to our own Environmental Rights Amendment.
Continue Reading The Cultural Value of Natural Resources
Recent changes in federal government policies and reduced resources at environmental agencies are reshaping the landscape for environmental lawyers. As agencies struggle with limited capacity and diminished data collection, legal professionals must adapt their strategies to continue effectively advocating for their clients.
Continue Reading Agency Budget Cuts and What Environmental Lawyers Do
When a responsible party agrees to clean up a contaminated site under many programs, the government often demands that it provide financial assurance for the completion of the work. When hazardous substances will remain on the site, the site may require response in perpetuity. Can one specify an amount of financial assurance to secure the forever cleanup? Earlier this spring, the Pennsylvania Commonwealth Court considered that question in a case involving cleanup of a site in Ford City. See PennEnvironment v. Department of Environmental Protection, No. 566 C.D. 2024 (Pa. Commw. Ct. Mar. 11, 2025).
Continue Reading Financial Assurance for Cleanup in Perpetuity
Since January, the new national administration has engaged in a large number of actions addressing scores or hundreds of regulations and programs, including environmental and energy programs. However, environmental lawyers have surely noticed that the federal Superfund program under the Comprehensive Environmental Response, Compensation and Liability Act seems to have escaped direct attention.
Continue Reading Superfund Is Unscathed So Far—What Does That Imply?
In January, the Pennsylvania Supreme Court issued an opinion that may require environmental practitioners to reconsider how they think about the Environmental Hearing Board. Cole v. Pennsylvania Department of Environmental
Continue Reading Reconsidering How the Environmental Hearing Board Fits
Act 2 has been on the books since 1995. UECA was adopted in Pennsylvania at the end of 2007. More than a few UECA covenants have been recorded as parts
Continue Reading No Pa. Case Has Ever Adjudicated a Claim to Enforce an Environmental Covenant Imposed Under ‘Act 2’—Does That Matter?
Montana is among the states with a constitutional provision recognizing a right to environmental quality, in its case to a “clean and healthful environment.” Mont. Const. art. II, § 3.
Continue Reading Montana Supreme Court Holds that State Constitution Protects Youth Plaintiffs’ Right to Protection from Climate Change
The Nov. 5 election was not a good day for supporters of the current structure of environmental regulation. While I doubt that the burdens of environmental regulation figured prominently in
Continue Reading What Should the Environmental Regulatory Phoenix Look Like?
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?
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 Regulation