On Aug. 14, a trial judge in Montana issued findings of fact and conclusions of law after a bench trial in what has been called the Montana “Youth Climate Case.”
Continue Reading The Montana ‘Youth Climate Case’ and the Pa. Environmental Rights Amendment
Cape Cod has a problem with nitrogen pollution of its embayments and waterways. The solution that Massachusetts began to implement on July 7 may offer some lessons for Pennsylvania practitioners.
Continue Reading Pa. Lessons From the New Massachusetts Rules for Cape Cod On-Lot Sewage Systems
Last month the U.S. Supreme Court restricted federal jurisdiction over filling and altering wetlands. See Sackett v. Environmental Protection Agency, No. 21-454 (U.S. May 25, 2023). The president promptly
Continue Reading Wetlands Regulation in Pennsylvania After ‘Sackett’ Ruling
In February, the Pennsylvania Supreme Court decided that the Environmental Hearing Board could award attorneys’ fees and litigation costs to a prevailing third-party appellant under the Clean Streams Law. Clean
Continue Reading Attorney Fees Awards Under the Clean Streams Law
Kaitlyn R. Maxwell, a shareholder in Greenberg Traurig’s Philadelphia office, was recognized in the City & State Pennsylvania “2022 Impact 50” issue. The magazine touts Maxwell as
Continue Reading Kaitlyn R. Maxwell Recognized as a City & State PA ‘2022 Impact 50’
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
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