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?
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 2
Greenberg Traurig is proud to be a sponsor and a member of the planning team for the Pennsylvania Bar Institute’s Annual Environmental Law Forum, taking place April 10-11, 2024.
Continue Reading April 10-11 EVENT | Pennsylvania Bar Institute’s Annual Environmental Law Forum 2024
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
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 Property
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 Amendment
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 Systems
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’ Ruling
In February, the Pennsylvania Supreme Court decided that the Environmental Hearing Board could award attorneys’ fees and litigation costs to a prevailing third-party appellant under the Clean Streams Law. Clean
Continue Reading Attorney Fees Awards Under the Clean Streams Law