In a closely watched case involving a natural gas “reliability station,” the Pennsylvania Commonwealth Court recently reiterated quite plainly that court’s narrow view of the Pennsylvania Environmental Rights Amendment, Article I, Section 27, of the Pennsylvania Constitution.
Continue Reading Township of Marple and the Scope of Agency Environmental Review Under the Environmental Rights Amendment
All environmental practitioners have encountered situations in which they have been convinced that an executive agency is making a decision—a rulemaking, a permit grant or denial, a remedy selection—based on an expressed rationale that does not seem like the real reason.
Continue Reading When an Agency’s Rationale Isn’t the Real Reason
Since its inauguration in January 2025, this federal administration has been engaged in a broad effort to change course on many fronts, including environmental and energy policy. Two district court decisions and a decision by the Secretary of the Interior involving development of offshore wind energy provide an opportunity to consider whether any law constrains agency discretion to implement a new administration’s policies, even when that would involve a reversal of prior decision making.
Continue Reading As the Wind Turbine Turns: When Can a Federal Agency Change Its Mind?
In a rare occurrence, two appellate courts have recently weighed in on natural resources damages (NRD) claims, providing fresh insights into this evolving area of law. The U.S. Court of Appeals for the First Circuit’s October decision in United States v. Ernst Jacob GmbH & Co. under the Oil Pollution Act, alongside a September Ninth Circuit ruling under CERCLA, mark significant developments for NRD litigation and policy.
Continue Reading Agency Deference and Natural Resources Damages
Recent changes in federal government policies and reduced resources at environmental agencies are reshaping the landscape for environmental lawyers. As agencies struggle with limited capacity and diminished data collection, legal professionals must adapt their strategies to continue effectively advocating for their clients.
Continue Reading Agency Budget Cuts and What Environmental Lawyers Do
As the April column in this series pointed out, the Infrastructure Investment and Jobs Act of 2021 reinstituted the Superfund chemical excise tax. Somehow, more than a few of our
Continue Reading A Brief Overview of the Superfund Chemical Excise Tax
On his first day in office, President Biden issued Executive Order 14008, calling on federal agencies to prioritize environmental justice and find ways to address disproportionate pollution impacts on
Continue Reading Cumulative risk by any other name: Seeking environmental justice in an era of statutory, regulatory, and scientific uncertainty
Environmental risks are often difficult to quantify and liabilities can be substantial. In addition, there is the risk of regulatory action in the event of a violation of environmental law.
Continue Reading Environmental Issues in Corporate Transactions: The Netherlands
Roughly 15 years ago, many Pennsylvania landowners entered into oil and gas leases in the expectation of receiving royalties for the extraction of shale gas and oil underlying their properties.
Continue Reading Is the Oil and Gas Lease Over? Court Ruling Offers Guidance
Experts in the environmental field often say that they base their opinions on “multiple lines of evidence.” Is that good enough?
Some time ago at a ballgame (the reader may
Continue Reading Basing an Environmental Expert Opinion on ‘Multiple Lines of Evidence’