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Environmental Law Posts

An Independent Environmental Quality Board for Pennsylvania >
August 3, 2018
By: Terry R. Bossert
My colleague Michael Canavan and I recently examined this problem in an article for The Legal Intelligencer's Energy & Environmental Law Supplement ("Environmental Quality Board: Is It Time to Make it Truly Independent?"). There are a variety of issues that keep the EQB from delivering on its assigned power and duties, including the fact that the board has had little or no staff throughout its 50-year history placing many of its presumed duties back on the DEP.
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Use Caution When Giving Legal Advice in the Presence of Consultants >
April 10, 2018
By: Terry R. Bossert
The Pennsylvania Supreme Court is about to address the question of whether sharing legal advice with outside consultants engaged by the client results in a waiver of the attorney-client privilege or attorney work product privilege. The Superior Court has already partially addressed this question. Last summer in Bousamra v. Excela Health, 167 A.3rd 728 (Pa. Super. 2017), the Superior Court ruled that both the attorney-client privilege and the attorney work-product privilege were waived when an email from outside counsel was shared with an outside consultant. The Supreme Court has granted allocator (Bousamra v. Excela Health, 5 WAP 2018) and the initial briefs in the Supreme Court are due this week.
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SCOTUS Issues Three Critical Environmental Rulings >
January 30, 2018
By: Paul M. Schmidt
Often, decisions of the Supreme Court of the United States (SCOTUS) only impact a narrow range of entities and circumstances. However, several recent and pending cases related to environmental issues and land use will instead impact a wide-range of property owners. 
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