Last week, the Pennsylvania Commonwealth Court issued an unreported opinion in an eminent domain case of potential interest in anticipation of an infusion of federal funding for infrastructure development. Montgomery
Continue Reading NEPA and State Law Condemnation in Pennsylvania

Unsurprisingly, the Pennsylvania appellate courts decided fewer environmental cases than usual in 2020. Please forgive any omissions of cases or detail in this catalogue.

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Continue Reading Environmental Cases in the Pennsylvania Appellate Courts in 2020

A curious appellate court decision has Pennsylvania environmental law practitioners scratching their heads about the status of certain waterways.

No, we do not reference the U.S. Supreme Court’s latest Clean
Continue Reading Navigability: It’s Not Just for the Federal Clean Water Act Anymore

On May 12, 2020, a three-judge panel of the Commonwealth Court of Pennsylvania held that certain net metering regulations of the Pennsylvania Public Utility Commission (PUC) are unenforceable. The regulations
Continue Reading Commonwealth Court’s Invalidation of Pennsylvania PUC Defined Terms – Potential Net Metering Implications

SEPs, which permit a defendant to undertake an environmentally beneficial project in lieu of paying penalties—or in exchange for reduced penalties—have been seen as benefiting defendants, enforcement agencies and communities
Continue Reading Is There Still a Place for Supplemental Environmental Projects in Pennsylvania?