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 Air Council v. Dept. of Envtl. Prot’n, No. 73 MAP 2021 (Pa. Feb. 22, 2023). Importantly, the award in that case was against the private applicant whose permits the third-party had challenged, not against the Department of Environmental Protection alone.

Click here to read the full article. Published by The Legal Intelligencer April 27. Reprinted with permission.

*The opinions expressed in this column are those of the author and do not necessarily reflect the views of Greenberg Traurig or its clients.

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