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
There have been a series of recent high-profile legislative actions and media articles concerning attempts to ban natural gas appliances or natural gas service to consumers over alleged safety and
Continue Reading 9th Circuit Chills Municipal Government Efforts to Ban Natural Gas for Cooking, Heating
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
“When you engage in actual fighting, if victory is long in coming, then men’s weapons will grow dull and their ardor will be damped.”
Sun Tzu, Art of
Continue Reading Using Florida’s Amended Summary Judgment Standard in Litigation
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
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
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
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
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