David G. Mandelbaum is Co-Chair of the firm's Environmental Practice. He represents clients faced with problems under the environmental laws that have no conventional solution, or for which the conventional solution would yield an unacceptable result. While he regularly represents clients in lawsuits, he does not restrict his practice to litigation and has helped clients achieve satisfactory outcomes through regulatory negotiation or private transactions.
David has represented clients in Superfund matters - particularly contaminated sediment and natural resource damage issues - that the government considers its most significant. In 2012, he acted as lead counsel for our client in two trials arising from the Lower Fox River and Green Bay Site, one on a Superfund contribution claim and one on the United States' claim for a mandatory injunction.
David represents natural gas exploration and production companies, midstream providers, and landowner coalitions in connection with development of the Marcellus Shale and other natural gas resources. He regularly handles permit appeals and citizen suits under the water pollution, air pollution and solid waste laws. He has represented clients in litigation under the National Environmental Policy Act (NEPA) and several disputes among private parties following failed or unsatisfactory transactions.
David was one of the original appointments to the Pennsylvania Statewide Water Resources Committee, which is responsible for the State Water Plan. He has advised clients in water supply matters, and has appeared before water supply agencies such as the Delaware River Basin Commission.
David teaches Superfund, and Oil and Gas Law in rotation at the Temple Law School. He has taught Environmental Law, Climate Change and Land Use Law and Administration in the past, and he is a regular writer and speaker on the subjects.
Areas of Concentration
· Air, water and waste regulation
· Superfund and contamination
· Climate change
· Oil and gas development
· Water rights
Professional & Community Involvement
· Adjunct Professor, Temple University James E. Beasley School of Law, Oil and Gas Law, Environmental Law, Superfund Litigation, Global Climate Change Law, 1990-Present
· Former Member, Delaware Valley Regional Planning Commission, 2007-2011
- Vice-Chair 2009-2010
· Vice-Chair and Former Subcommittee Chair, Pennsylvania Statewide Water Resources Committee
· Member, American Bar Association, Section on Environment, Energy and Resources
- Past Chair, Special Committee on Smart Growth and Urban Policy
- Member, Annual Conference on Environmental Law Planning Committee, 2009
· Member, Maryland State Bar Association, Environmental Section
· Member, Pennsylvania Bar Association
- Past Chair, Environmental, Mineral, and Natural Resources Law Section
· Member, The Florida Bar Association, Environmental and Land Use Law Section
· Past President, Delaware Valley Environmental American Inn of Court
· Course Planner, Pennsylvania Environmental Law Forum
Awards & Recognition
· Listed, ICFM Leading Lawyer 500, 2013-2014
· Listed, The Best Lawyers in America, Environmental Law; Litigation - Environmental; Water Law, 2006-2014
· Listed, Chambers USA Guide, 2003-2013
· Listed, Super Lawyers magazine, Pennsylvania Super Lawyers, 2004-2013
· Listed, International Who's Who of Environmental Lawyers, All Editions
· Rated, AV Preeminent® 5.0 out of 5
· Represented industrial clients in wastewater, solid waste and air permitting matters; administrative appeals; and enforcement actions.
· Represented natural gas development clients in litigation over access to publicly owned lands, accidents, regulatory disputes and neighbor complaints; represented leading landowner coalition in connection with development of the Delaware River Basin Commission regulation of natural gas development.
· Advised and litigated matters involving application of the National Environmental Policy Act to public projects and approvals of private activities.
· Advised clients on environmental issues presented by hundreds of transactions; litigated misrepresentation, breach of contract, and statutory claims concerning environmental conditions arising after acquisitions and divestitures.
· Advised clients and litigated matters involving environmental aspects of land use, such as public trust, wetlands regulation, erosion control, "sprawl," "environmental justice" and complex urban brownfields.
· Represented clients in prosecuting and defending common law environmental tort actions.
· Served as lead counsel for different industrial clients in several natural resources damages and contaminated sediment remediation matters.
· Represented clients in scores of Superfund matters, including one of the only multigenerator landfill cases to be tried to judgment.
· Advised clients on sustainability and climate change, risk management and disclosure policies.
· Acted as counsel in numerous matters. Among those resulting in opinions or resolved by judgment or settlements approved by the tribunal are:
- Represent defendant on claims of the government for a mandatory injunction to implement the remedy for the Lower Fox River and Green Bay Superfund Site tried December 2012, and for recovery of costs and natural resource damages. United States v. NCR Corp., 76 Env't Rep. Cas. (BNA) 2163 (E.D. Wis. May 1, 2013), appeals pending, No. 13-2436 (7th Cir.).
- Represent defendant and counterclaim plaintiff in Superfund allocation case for the Lower Fox River and Green Bay Superfund Site tried February 2012. Appleton Papers Inc. v. Geo. A. Whiting Paper Co., No. 2:08-cv-16-WCG (E.D. Wis. judgment entered June 25, 2013, appeals pending, No. 13-2447 (7th Cir.).
- Represent permittee in third-party appeal of greenhouse gas accounting provisions of air pollution permit for natural gas pipeline compressor station engines). Group Against Smog & Pollution v. Department of Environmental Protection, No. 2012-127-R (Pa. EHB notice of provisional settlement filed Apr. 1, 2013).
- Represented plaintiff oil, gas and mineral estate holder in action for declaration of rights to access its property in the Allegheny National Forest. Seneca Resources Corp. v. United States Forest Service, No. 1:09-cv-154-SJM (W.D. Pa. Mar. 19, 2013).
- Represented client on the brief for amicus curiae Business Round Table in public nuisance case by state attorneys general against emitters of greenhouse gases. American Electric Power Co., Inc. v. Connecticut, 131 S. Ct. 2527 (2011).
- Resolution of RCRA and CAA dispute over permit to burn hazardous waste in boiler. Sunoco, Inc. (R&M) v. Department of Environmental Protection, No. 2007-237 (Pa. EHB settlement Oct. 9, 2008).°
- Represented client in consent decree entered April 12, 2004 and agreed supplements filed May 7 and Nov. 13, 2007, and amended consent decree entered Aug. 13, 2008. United States v. P.H. Glatfelter Co. ("Lower Fox River and Green Bay OU-1"), No. 2:03-CV-949-LA (E.D. Wis.).°
- Represented client in private tort arising from biopharma wastes left by tenant in vacated space. Hanna v. ARE Acquisitions, Inc., 929 A.2d 892 (Md. 2007).°
- Represented client in Clean Water Act citizen suit over management of spent mushroom substrate management facility. Reynolds v. Rick's Mushroom Service, Inc., Civil Action No. 01-3773 (E.D. Pa. consent decree entered Dec. 1, 2006 and work plan approved July 30, 2007).°
- Represented client in a stormwater NPDES appeal. BP Products North America, Inc. v. Department of Environmental Protection, No. 2005-032 (Pa. EHB consent adjudication approved April 12, 2007).°
- Represented client in a new source review appeal concerning natural gas pipeline compressor station engines. Tennessee Gas Pipeline Co. v. Department of Environmental Protection, No. 2005-261 (Pa. EHB consent adjudication approved Aug. 17, 2006).°
- Represented client in a Clean Air Act permit appeal. Sunoco, Inc. (R&M) v. Department of Environmental Protection, No. 2005-269 (Pa. EHB settlement June 12, 2006).°
- Represented client in a forest land stream encroachment and erosion and sediment control enforcement appeal. Seneca Resources Corp. v. Department of Environmental Protection, No. 2004-010 (Pa. EHB consent adjudication approved April 28, 2006).°
- Represented client in an Air Pollution Control Act permit appeal involving natural gas pipeline compression station engines. National Fuel Gas Supply Corp. v. Department of Environmental Protection, 2005 Pa. Environ. LEXIS 65 (Pa. EHB Oct. 26, 2005).°
- Resolved contaminated sediment Superfund response action and natural resource damages claims. United States v. Atlantic Richfield Co. ("Grand Calumet River and Indiana Harbor Ship Canal"), No. 2:04-CV-348- RL-APR (N.D. Ind. consent decree entered Jan. 31, 2005).°
- Represented client in a private action concerning asserted contamination at transferred manufacturing sites. Collins & Aikman Products Co. v. Teleflex, Inc., 847 So. 2d 1143 (Fla. App. 2003).°
- Represented client in a private action concerning asserted contamination at transferred manufacturing sites. Collins & Aikman Products Co. v. Sermatech Engineering Group, Inc., 297 A.D.2d 248, 746 N.Y.S.2d 698 (2002).°
- Represented client in a Clean Water Act citizen suit and permit appeal. Pennsylvania Public Interest Research Group v. P.H. Glatfelter Co., 128 F. Supp.2d 747 (M.D. Pa. 2001), and (M.D. Pa. consent decree entered Oct. 26, 2001).°
- Represented client in a Superfund action. United States v. Aluminum Co. of America("Moyer's Landfill"), Civil Action No. 89-7421 (E.D. Pa. consent decree entered Mar. 1, 2000).°
- Represented client in a Clean Water Act permit appeal. P.H. Glatfelter v. Department of Environmental Protection, 2000 E.H.B. 1204 (Pa. EHB Oct. 13, 2000).°
- Represented client in a private action concerning asserted contamination at transferred manufacturing sites. Collins & Aikman Products Co. v. Teleflex, Inc., 728 So. 2d 233 (Fla. App. 1998).°
- Represented client in a citizen suit to enforce the Wisconsin Public Trust Doctrine. Gillen v. City of Neenah, 219 Wis.2d 806, 580 N.W.2d 628 (1998).°
- Represented client in Superfund claims in private action concerning asserted contamination at transferred manufacturing sites. Teleflex, Inc. v. Collins & Aikman Products Co., 961 F. Supp. 368 (D. Conn. 1996), aff'd mem., 125 F.3d 845 (2d Cir. 1997).°
- Represented client in a Superfund allocation as among "arrangers" and "transporters" of waste at municipal co-disposal landfill. United States v. Atlas Minerals & Chemicals, Inc.("Oswald/Dorney Road Landfill"), 41 Env't Rep. Cas. (BNA) 1417 (E.D. Pa. Aug. 22, 1995), aff'd mem., No. 95-2030 (3d Cir. July 30, 1996).°
- Represented client in an appeal of landfill expansion permit. Franklin Township Board of Supervisors v. Department of Environmental Resources, 1992 E.H.B. 266 (Pa. EHB Mar. 20, 1992).°
- Represented client in an appeal of solid waste permit for medical waste incinerator. Bridgeview, Inc. v. Department of Environmental Resources, 1991 E.H.B. 1949 (Pa. EHB Dec. 17, 1991).°
- Represented client in an appeal of enforcement action under the solid waste laws concerning asbestos landfill. Raymark Industries, Inc. v. Department of Environmental Resources, 1990 E.H.B. 1653 (Pa. EHB Dec. 18, 1990), and 1991 E.H.B. 186 (Feb. 7, 1991).°
- Represented client in a petition for review of individual control strategy for dioxin under section 304(l) of the Clean Water Act. P.H. Glatfelter Co. v. United States Environmental Protection Agency, 921 F.2d 516 (4th Cir. 1990).°
- Raymark Industries, Inc. v. Department of Environmental Resources, 1990 E.H.B. 1165 (Pa. EHB Sept. 20, 1990), and 1990 E.H.B. 1181 (Sept. 24, 1990).°
- Represented private Superfund claim arising from transferred site. Pennsylvania Urban Development Corporation v. Golen, 708 F. Supp. 669 (E.D. Pa. 1989).°
° The above representations were handled by Mr. Mandelbaum prior to his joining Greenberg Traurig, LLP.
· Law Clerk, Hon. Louis H. Pollak, U.S. District Court for the Eastern District of Pennsylvania
Publications & Presentations
Articles, Lectures & Publications
· Contributing Author, "Environmental Practice" column, Pennsylvania Law Weekly, monthly since July 2010
· Author, "Regulation of Unconventional Natural Gas Development," 25 Probate & Property No. 5, September/October 2011
· Author, "Anticipating Environmental Issues in an Economic Downturn," Natural Resources & Environment, American Bar Association, Volume 24, Number 1, Summer 2009
· Co-Author, "The Growth Of 'Green' Claims," Law360, April 22, 2009
· Author, "Seeing Green: Environmental Friendliness as a Business Strategy," 40 Franchising World, No. 11 at 56, November 2008
· Author, "What All This About Climate Change Means for Domestic Businesses Right Now," 22 Toxics Law Reporter, BNA 24, June 21, 2007
· Author, "Corporate Sustainability Strategies," 26 Temple Journal Science Technology & Environmental Law 27, 2007
· Author, " Cooper Industries v. Aviall Services: A Year Later," 51 Chemical Waste Litigation Reporter 320, February 2006
· Author, "Pennsylvania Alternative Energy Portfolio Standards Act," Temple Journal of Science, Technology and Environmental Law Symposium, 2005
· Author, "Contribution after Cooper Industries v. Aviall Services," 49 Chemical Waste Litigation Reporter 137, January 2005
· Author, "The Timing Provisions of CERCLA for Natural Resource Damage Claims," 19 Toxics Law Reporter 22, BNA, January 1, 2004
· Author, "Thoughts on the Bush Clean Air 'Strategy' So Far, and a Suggestion for What Might Work," 21 Temple Environmental Law & Technology Journal 1, 2002
· Author, "Land Use Regulation and the Environmental Rights Amendment to the Pennsylvania Constitution: The Business Of The Environment: Sprawl, Environmental Justice, The Environmental Rights Amendment To The Pennsylvania Constitution & Other Environmental Wild Cards In Land Use Proceedings," Pennsylvania Bar Institute, No. 2001-2955 at 11, 2001
· Author, "Does the Section 107/Section 113 Choice Affect Allocation in CERCLA Actions?" 13 Toxics Law Reporter 979, BNA, January 6, 1999
· Author, "Toward a Superfund Cost Allocation Principle," 3 Environmental Lawyer 117, 1996
· Author, "Superfund Reform and Old Industrial Sites," 3 Journal of Environmental Regulation 369, 1994
· Author, "Professional Responsibility Issues in Pennsylvania Environmental Practice: 1. Conflicts in Superfund and 2. Dealing with Former Government Lawyers," 12 Temple Environmental Law & Technology Journal 57, 1993
· Speaker, Annual Conference on Litigating Natural Resources Damages, Law Seminars International, Santa Fe, NM, July 2011, 2012, 2013
· Course Planner and Speaker, Pennsylvania Environmental Law Forum, Pennsylvania Bar Institute, Harrisburg, PA, annually in April
· Course Planner and Speaker, The Environment and Natural Gas Development, Pennsylvania Bar Institute, Philadelphia, Pittsburgh, Mechanicsburg, PA, 2011, 2012