A few weeks ago, the U.S. Supreme Court heard argument in a tax case about attorney-client privilege. See In re Grand Jury, No. 21-1397 (U.S. arg. Jan. 9, 2023). The outcome would have potentially had a real impact on how environmental practitioners think about environmental audits, environmental management systems, and other circumstances in which an environmental professional and a lawyer cooperate to analyze a client’s situation. But, perhaps because the oral argument so confused everyone, on Jan. 23, the court dismissed the case on the ground that certiorari had been improvidently granted. So now instead of guidance, we have uncertainty.

Click here to continue reading the full column, published by The Legal Intelligencer Feb. 2. Reprinted with permission.

Photo of David Mandelbaum David Mandelbaum

David G. Mandelbaum represents clients facing problems under the environmental laws and serves as Co-Chair of the firm’s Environmental Practice. He regularly represents clients in lawsuits and has also helped clients achieve satisfactory outcomes through regulatory negotiation or private transactions. David teaches Superfund…

David G. Mandelbaum represents clients facing problems under the environmental laws and serves as Co-Chair of the firm’s Environmental Practice. He regularly represents clients in lawsuits and has also helped clients achieve satisfactory outcomes through regulatory negotiation or private transactions. David teaches Superfund, and Oil and Gas Law in rotation at the Temple Law School. He teaches the Superfund course at Suffolk (Boston) Law School as well. David is a Fellow of the American College of Environmental Lawyers.

Concentrations

  • Air, water and waste regulation
  • Superfund and contamination
  • Climate change
  • Oil and gas development
  • Water rights