Pennsylvania Environmental Hearing Board issues trinity of opinions on fee shifting under the Clean Streams Law

On December 12, 2013, the Pennsylvania Environmental Hearing Board (EHB) delivered three opinions deciding several applications for attorney’s fees and costs under the Pennsylvania Clean Streams Law (CSL).  Befitting the season, the EHB stuffed some of these stockings with gifts while … Continue reading

Third Circuit decision on Rule 68 “offers of judgment” may add a page to the defense bar’s environmental citizen suit playbook

Last week, the U.S. Court of Appeals for the Third Circuit issued an opinion that may encourage defendants in environmental citizen suits to make greater use of the “offer of judgment” tool fashioned by Rule 68 of the Federal Rules of Civil Procedure, which … Continue reading