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Manko Gold Katcher & Fox

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D.C. Circuit Vacates Rule Regulating Hydrofluorocarbons Under The Clean Air Act

USA - August 30 2017 Section 612 of the Clean Air Act (“CAA”) requires that manufacturers replace substances that have been determined to deplete the stratospheric ozone

Pennsylvania Environmental Hearing Board Tells Third Circuit, “Don’t Tread on Me”

USA - June 1 2017 The Pennsylvania Environmental Hearing Board (the “Board”) recently stirred up some controversy. Last month, in Lancaster Against Pipelines v. DEP

Motions to Dismiss PFOAPFOS RCRA Injunctive Relief Action Denied in N.D. Alabama

USA - February 16 2017 Last week, a federal district court in Alabama rejected motions to dismiss a RCRA declaratory judgment and injunctive relief action filed by an

Relief on the Way for Benzoapyrene Cleanups?

USA - February 10 2017 Land developers and remediators in Pennsylvania and New Jersey may soon have an easier time addressing soils containing benzoapyrene, one of the

Company Waived Attorney-Client Privilege by Sharing Privileged Communication with Consultant, Superior Court Holds

USA - July 28 2017 Earlier this month, the Superior Court of Pennsylvania issued a decision that has broad implications for the manner in which Pennsylvania lawyers and

D.C. Circuit Vacates Rule Regulating Hydrofluorocarbons Under The Clean Air Act

USA - August 30 2017 Section 612 of the Clean Air Act (“CAA”) requires that manufacturers replace substances that have been determined to deplete the stratospheric ozone

Fifth Circuit Holds Past Pipeline Spills Not Dispositive in Determining Whether Operator “Considered” Pipeline Risk Factors

USA - August 15 2017 Is a leaking pipeline indicative of an operator’s failed attempt to consider all relevant risk factors when the pipeline has had leaks in the past? In

Tenth Circuit Rejects "Indicia of Ownership" Test to Hold Title Owner Liable Under CERCLA

USA - August 3 2017 On July 19, 2017, the Tenth Circuit Court of Appeals held that the United States, as the title owner of a former mine, was a Potentially Responsible

PA Supreme Court Revives Heightened Environmental Rights Amendment Test

USA - July 31 2017 On June 20, 2017, the Pennsylvania Supreme Court, in a majority decision, established a binding, heightened standard of review for challenges brought

Company Waived Attorney-Client Privilege by Sharing Privileged Communication with Consultant, Superior Court Holds

USA - July 28 2017 Earlier this month, the Superior Court of Pennsylvania issued a decision that has broad implications for the manner in which Pennsylvania lawyers and