Environmental Law Posts, from members of Post & Schell’s Environmental Group, are intended to provide current updates and analysis of judicial opinions, emerging regulatory issues, and potential risks and liabilities in environmental law.
As the COVID-19 crisis continues, the ways in which businesses engage in everyday activities is evolving at a pace more rapid than most of us have ever seen in our lives, and hopefully will ever see again. Among these changes is the way businesses address environmental compliance obligations. Two of the more important questions regarding environmental compliance are: (1) Can a business continue environmental investigation and remediation field work?; (2) Can a business cease or reduce its performance of operational compliance obligations?
The Pennsylvania Environmental Hearing Board recently ruled that a Post & Schell client, Sunoco Pipeline, L.P., was not liable for attorney and expert witness fees incurred by landowners in connection with an appeal of two environmental permits issued by the Pennsylvania Department of Environmental Protection.
As the desirability of mixed use development continues to increase, so too will the need to ensure that remediation will allow all intended uses. On that point, one of our manufacturing clients recently found itself in a surprising dilemma when it decided to modify the planned use of the property. The client decided to not only acquire a bigger facility to accommodate increased operations, but also to engage in side-activities that it hoped would be lucrative, fun, and beneficial to the community.
Often, decisions of the Supreme Court of the United States (SCOTUS) only impact a narrow range of entities and circumstances.Â However, several recent and pending cases related to environmental issues and land use will instead impact a wide-range of property owners.Â