Tag Archives: Pennsylvania

Governmental Cost Recovery Under the Pennsylvania Solid Waste Management Act

Section 613 of the Pennsylvania Solid Waste Management Act (“SWMA”), Pa. Stat. Ann. tit. 35, § 6018.613, allows the Commonwealth or any municipality to recover the “costs of abatement” of “a public nuisance” under SWMA from a person who “causes a public nuisance” if the plaintiff government has in fact abated the nuisance.  This provision … Continue Reading

Litigation Over Groundwater Impacts of Natural Gas Wells in Pennsylvania

Pennsylvania has been making news recently for being friendly to natural gas development, or at least more friendly than New York.  However, examination of recent decisions suggests that the courts may be a little more plaintiff-friendly than, for example, the current administration.  I look at some litigation issues arising from natural gas development in my … Continue Reading

Institutional Controls and Pre-enforcment Review in Cleanup Cases

  My October Environmental Practice Column in the Pennsylvania Law Weekly considers issues presented by the intersection of the bar on pre-enforcement review and reliance on “institutional controls.”  These issues come up in federal Superfund matters under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601-75.  However, the discussion was motivated by a  September 4 ruling by … Continue Reading

Pennsylvania To Amend Its Erosion and Sediment Control General Permit

Under the terms of a settlement entered into in Chesapeake Bay Foundation v. DEP, No. 2009-116-L (Pa. Envtl. Hearing Bd. July 6, 2011), Pennsylvania will amend its Earth and Sediment Control General Permit (ESCGP-1) to make the General Permit unavailable to oil and gas projects in high quality or exceptional value water bodies, in floodplains or on contaminated land. … Continue Reading

Delaware River Basin Commission Delays Natural Gas Regulations and Declines to Bar Exploratory Wells

The New York Times recently covered the ongoing dispute over drilling for natural gas in the Delaware River Basin, an area not only subject to the jurisdiction of state environmental agencies but also an interstate compact agency known as the Delaware River Basin Commission. At the Commission’s regular September 15 meeting, the DRBC Executive Director … Continue Reading
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