The Massachusetts Supreme Judicial Court has ruled that the Department of Environmental Protection (DEP) did not have authority to give the Secretary of Environmental Affairs the power to approve municipal
Continue Reading DEP’s Municipal Harbor Plan Regulations Invalid
This column seeks to sharpen up two large issues under the first sentence of Section 27 of the Environmental Rights Amendment to the Pennsylvania Constitution, Article I, the one granting
Continue Reading Procedure or Substance and Natural or Built Under the ERA
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
Congratulations to Steven C. Russo and the GT team who were named with Gibson, Dunn & Crutcher, and Pillsbury Winthrop Shaw Pittman as ALM Litigator of the Week First Runner
Continue Reading Law.com Recognizes Steven C. Russo as ALM Litigator of the Week First Runner-Up
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
Greenberg Traurig Environmental Shareholder David Mandelbaum is joined by William Hengemihle of FTI Consulting for a second conversation on Superfund allocation disputes under the Comprehensive Environmental Response, Compensation and Liability
Continue Reading E2 Law Podcast: Episode 17 | ‘Fairness’ in Superfund Allocation Matters, Part 2A
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?