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?

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

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

A review of the environmental cases decided by the Pennsylvania appellate courts last year follows.  Please forgive any omissions of cases or detail in this catalogue.  Many of these cases
Continue Reading Environmental Cases in the Pennsylvania Appellate Courts in 2021