Last week, an intermediate appellate court in Pennsylvania held that a jury properly awarded no compensation for a right to flood a lakefront property by an additional 5.5 feet in
Continue Reading The Value of a Right to Flood by an Additional 5.5 Feet
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
Roughly 15 years ago, many Pennsylvania landowners entered into oil and gas leases in the expectation of receiving royalties for the extraction of shale gas and oil underlying their properties.
Continue Reading Is the Oil and Gas Lease Over? Court Ruling Offers Guidance
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
Pennsylvanians have called for action on climate change and resource reuse in the commonwealth. Although the commonwealth has delayed action on a number of “zero waste” bills, Pennsylvania recently took
Continue Reading Pa.’s Advancement of Waste Reduction and Recycling: Amendments to the SWMA
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
The U.S. Supreme Court recently had the opportunity to overturn Auer deference, Kisor v. Wilkie, No. 18-15, (U.S. June 26, 2019). A 5-4 majority declined to do so, but
Continue Reading What Environmental Lawyers Should Know About the Limits of ‘Auer’ Deference
The Pennsylvania appellate courts decided a relatively large number of environmental cases during 2018. This survey briefly characterizes those cases under the following categories: Environmental Rights Amendment; pre-emption of local
Continue Reading Significant Environmental Cases in Pa. Courts During 2018 (Part 1)
The Commonwealth Court recently provided new guidance on the extent to which the Environmental Rights Amendment to the Pennsylvania Constitution gives municipalities or agencies additional powers or imposes on them
Continue Reading Staying in Lane Under the Environmental Rights Amendment
Soil or groundwater cleanups can take a long time. When one person conducts the cleanup and another has an interest in its completion, the two can disagree over the pace
Continue Reading Potential New Tools to Sue for a Faster Cleanup