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
Last January, the U.S. Environmental Protection Agency (EPA) issued a memorandum withdrawing the “once in always in” (OIAI) policy that had provided interpretation of the Clean Air Act since 1995.
Continue Reading Shifting Costs and Incentives: Changes to State, Federal Air Pollution Regulations
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
President Donald J. Trump and his administration have focused on the EPA during his time in office, particularly in regards to its funding, and its regulations. The president has taken
Continue Reading Can the Environmental Rights Amendment Protect Pennsylvanians From EPA Cuts?
On Oct. 16, the Environmental Protection Agency published its proposal to repeal the carbon pollution emission guidelines for existing electric power plants, the centerpiece of the Clean Power Plan, 82
Continue Reading Federal Environmental Deregulation and Pennsylvania Operations