If you have a Superfund cleanup obligation, you may want to collect on insurance (if you have any) and also to seek contribution from others responsible for the Site. What happens to the contribution claim when you collect on the insurance? In most Superfund matters, the parties have simply ignored insurance recoveries. However, in those
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Claims for Common Law Waste
The recent decision in Bitler Investment Venture II v. Marathon Petroleum, No. 12-3722 (7th Cir. Jan. 27, 2014)(Posner, J.), offered an opportunity to consider claims for common law waste in this month’s Pennsylvania Law Weekly column. Common law waste provides a claim by a lessor or a remainderman against a lessee or a…
Pennsylvania’s Environmental Rights Amendment After Robinson Twp
Robinson Twp. v. Commonwealth, No. 63 MAP 2012 (Pa. Dec. 19, 2013), upended a lot of what we thought we knew about the Environmental Rights Amendment to the Pennsylvania Constitution, Pa. Const. art. I, § 27. My January column in the Pennsylvania Law Weekly / Legal Intelligencer addresses that aspect of the decision, one that…
Implications of EPA’s Shrinking Enforcement Effort
On November 19, EPA issued a discussion draft of its fiscal year 2014-18 strategic plan. This draft is notable for an explicit statement that EPA intends to reduce very significantly the resources it devotes to enforcement. That is good and bad for regulated entities. On the negative side, private NGOs may fill the void…
Valuing Contaminated Property
If you know contaminated industrial property would be worth $X clean, what is the proper way to value the contamination? Maybe it is just the “cost to cure,” but that does not capture any “stigma” that may stay with the property. And then there is a wrinkle if the property is the subject of an agreement…
Tracking “Environmental Debtors”
February’s column in the Pennsylvania Law Weekly / Legal Intelligencer considers the “environmental debts” that often arise in transactions or otherwise. Managing Environmental Obligations: Tracking Environmental Debtors, 35 Pa. L. Weekly 196 (Feb. 28, 2012).…
Recurring Issues With NSR and PSD Enforcement
In this month’s weekly column, I discuss two recent Western District of Pennsylvania cases and the recurring issues related to the enforcement of the Clean Air Act’s prevention of significant deterioration and new source review programs.…
De Novo Review in the Pennsylvania Environmental Hearing Board
In my monthly Pennsylvania Law Weekly / Legal Intelligencer column, Sabrina Mizrachi and I examine the recent Pennsylvania Environmental Hearing Board decision, Consol v. Department of Environmental Protection, focusing on the jurisdictional and procedural principles of the EHB.…
Environmental Rights Amendment to the Pa. Constitution: A Force for ‘Yes’?
In my monthly column, I examine the Environmental Rights Amendment to the Pennsylvania Constitution.…
“Fair Share” Under Pennsylvania Act 17 of 2011 and Environmental Claims
In my monthly colum, I examine the impact of Pennsylvania Act 17 of 2011 on environmental claims.…