Last month, the Pennsylvania Supreme Court held that environmental groups could intervene in litigation to use the Environmental Rights Amendment of the Pennsylvania Constitution to support a regulation even though
Continue Reading Intervention and the Environmental Rights AmendmentPennsylvania
The Weirdness of Appeals Under Section 308 of Act 2
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 2April 10-11 EVENT | Pennsylvania Bar Institute’s Annual Environmental Law Forum 2024
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 2024Some 2024 Resolutions for Environmental Lawyers
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 LawyersCommonwealth Court Offers Another Take on Valuing Contaminated Property
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 PropertyThe Montana ‘Youth Climate Case’ and the Pa. Environmental Rights Amendment
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 AmendmentPa. Lessons From the New Massachusetts Rules for Cape Cod On-Lot Sewage Systems
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 SystemsWetlands Regulation in Pennsylvania After ‘Sackett’ Ruling
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’ RulingAttorney Fees Awards Under the Clean Streams Law
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 LawThe Pennsylvania Environmental Rights Amendment and Statues
This E2 Law blog post discusses In re Appeal of Friends of Marconi Plaza and the court’s comment on the application of the Pennsylvania Environmental Rights Amendment, Pa. Const. art. I, § 27, to that decision.
Continue Reading The Pennsylvania Environmental Rights Amendment and Statues