The Supreme Court can only decide so many cases. If we are to have a constitutional environmental provision with relevance to the interaction of private activities with the government, Pennsylvania
Continue Reading Is the Pa. High Court Deciding the Most Helpful Environmental Rights Amendment Cases?

Known colloquially as the BIF—the bipartisan infrastructure framework—or sometimes as the “bipartisan infrastructure bill,” even though it is no longer a bill, IIJA authorizes over a trillion dollars to an


Continue Reading The Infrastructure Investment and Jobs Act and Remedial Programs

A review of the environmental cases decided by the Pennsylvania appellate courts last year follows.  Please forgive any omissions of cases or detail in this catalogue.  Many of these cases
Continue Reading Environmental Cases in the Pennsylvania Appellate Courts in 2021

On July 21, the Pennsylvania Supreme Court revisited the Environmental Rights Amendment, Article I, Section 27, of the Pennsylvania Constitution when Pennsylvania Environmental Defense Foundation v. Commonwealth returned to the
Continue Reading Identifying the Natural Resources Subject to the Environmental Rights Amendment

Last month, the Pennsylvania Commonwealth Court reiterated its general view of the Environmental Rights Amendment, Article I, Section 27, of the Pennsylvania Constitution. That court seems to believe that executive
Continue Reading Another ERA Decision and Some Cautions About Making Government Work

On Feb. 11, 2020, the United States Court of Appeals for the Fourth Circuit decided that the Federal Energy Regulatory Commission (FERC) did not overstep the statute of limitations in
Continue Reading Fourth Circuit Rejects Statute of Limitations Challenge to FERC Electricity Market Manipulation Suit