Tag Archives: Environmental Rights Amendment

What’s Happening With the Environmental Rights Amendment?

A decision rendered last month by the Supreme Court of Pennsylvania reinterpreted the commonwealth’s obligations under Article I, Section 27 of the Pennsylvania Constitution, known as the Environmental Rights Amendment (ERA). The Supreme Court sided with the appellant, Pennsylvania Environmental Defense Foundation (PEDF), in PEDF v. Commonwealth of Pennsylvani a, 10 MAP 2015, and held … Continue Reading

Pennsylvania Environmental Rights Amendment: Back to Payne v. Kassab?

We have a new opinion today under the Environmental Rights Amendment to the Pennsylvania Constitution.  Pennsylvania Environmental Defense Foundation v. Commonwealth, No. 228 M.D. 2012 (Pa. Commw. Ct. Jan. 7, 2015).  Maybe the state constitution mandates some sort of environmental impact study before the commonwealth acts.  Maybe it means nothing more than that one must comply … Continue Reading

A New Pennsylvania Environmental Rights Amendment Opinion . . . In Dissent

In Hess v. Pa. Pub. Util. Comm’n, No. 1370 C.D. 2013 (Pa. Commw. Ct. Dec. 22, 2014), the Pennsylvania Commonwealth Court en banc considered a petition for review of an order of the Public Utility Commission granting approvals for a transmission line crossing the Susquehanna River.  The majority opinion mostly addresses reliability and what constitutes public … Continue Reading

Environmental Policy as Part of Integrated Overall Policy

Environmental quality is important, but it is just one set of the objectives of public policy.  Is it possible to think about the incentives set by environmental regulatory decisions and the outcomes they induce as part of a more integrated policy? Perhaps not. Consider Michigan v. EPA, No. 14-46 (U.S. Nov. 25, 2014).  Last month, … Continue Reading
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