Act 2 has been on the books since 1995. UECA was adopted in Pennsylvania at the end of 2007. More than a few UECA covenants have been recorded as parts of Act 2 cleanups. Nevertheless, research has not revealed any decision of any Pennsylvania state or federal court or of the Environmental Hearing Board deciding whether a UECA covenant should be enforced or interpreting its terms.
Continue reading the full column, published by The Legal Intelligencer Jan. 6, 2025. Reprinted with permission.