I recently wrote a column for The Legal Intelligencer’s Pennsylvania Law Weekly, reposted on this blog here, raising questions about whether the Pennsylvania courts have correctly identified the
Continue Reading Oil and Gas and Another Questionable Pennsylvania Environmental Rights Amendment Decision
The Supreme Court can only decide so many cases. If we are to have a constitutional environmental provision with relevance to the interaction of private activities with the government, Pennsylvania
Continue Reading Is the Pa. High Court Deciding the Most Helpful Environmental Rights Amendment Cases?
The Massachusetts Supreme Judicial Court (SJC) decided a case this week clarifying the limitation on a municipality’s ability to regulate wetlands and waterway construction more stringently than would the Department
Continue Reading Local Preemption and Wetlands in Massachusetts: An Update
In a much anticipated and closely watched case, global law firm Greenberg Traurig, LLP, led by Boston office attorneys John F. (Jay) Farraher, Jr., David C. Fixler,
Continue Reading Greenberg Traurig Secures Massachusetts Supreme Judicial Court Victory in Solar Facility Development Dispute
The Maryland Department of the Environment has for many years sought to meet its obligations under the Clean Water Act and the Chesapeake Bay Total Maximum Daily Load in part
Continue Reading Storm Sewers and Impervious Cover in Maryland: A Further Update
This article is an effort to hit the “reset” button on the frequently breathless commentary on the recently argued Supreme Court case (West Virginia et al v. EPA) addressing
Continue Reading Journey to the U.S. Supreme Court – Regulating Power Plant Greenhouse Gas Emissions
In yet another “sue and settle” case, the U.S. Environmental Protection Agency has proposed entering into a consent decree agreeing to rule on the Center for Biological Diversity’s (CBD) petition
Continue Reading EPA Considers Classifying Discarded PVC Plastic as Hazardous Waste
On April 6, the Supreme Court used the “Shadow Docket” to reinstate a Trump administration regulation governing state water quality certifications under section 401 of the Clean Water Act. Louisiana
Continue Reading Supreme Court Grants Stay of Lower Court Ruling That Vacated Trump Water Rule
In 2018 I commented on this blog about an opinion of the Massachusetts Supreme Judicial Court concerning a claim by the developer of a condominium development against the City of
Continue Reading UPDATE: Property Damage Claims Even After Cleanup Under Massachusetts General Laws Chap. 21E
Last month, the Pennsylvania Commonwealth Court decided another in a series of cases applying the Environmental Rights Amendment to municipal land use decisions involving the oil and gas industry. That
Continue Reading What Impact Review Does the Pennsylvania ERA Require?