Intuitively, contamination reduces the value of property. But intuition does not count as evidence. The issues of how one proves that one ought to take a discount from a property’sContinue Reading Commonwealth Court Offers Another Take on Valuing Contaminated Property
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
This E2 Law blog post discusses In re Appeal of Friends of Marconi Plaza and the court’s comment on the application of the Pennsylvania Environmental Rights Amendment, Pa. Const. art. I, § 27, to that decision.
Continue Reading The Pennsylvania Environmental Rights Amendment and Statues
Pennsylvania’s Land Recycling and Environmental Remediation Standards Act of 1995, or Act 2, established Pennsylvania’s program for the voluntary cleanup of contaminated sites. Act 2 requires the Environmental Quality Board…Continue Reading Navigating Voluntary Cleanups in a World of Evolving Science
I recently wrote a column for The Legal Intelligencer’s Pennsylvania Law Weekly, reposted on this blog here, raising questions about whether the Pennsylvania courts have correctly identified the…Continue Reading Oil and Gas and Another Questionable Pennsylvania Environmental Rights Amendment Decision
This column seeks to sharpen up two large issues under the first sentence of Section 27 of the Environmental Rights Amendment to the Pennsylvania Constitution, Article I, the one granting
Last month, the Pennsylvania Commonwealth Court decided another in a series of cases applying the Environmental Rights Amendment to municipal land use decisions involving the oil and gas industry. That…
Continue Reading What Impact Review Does the Pennsylvania ERA Require?