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
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
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
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?
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
Continue Reading Procedure or Substance and Natural or Built Under the ERA
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?
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
You are invited to listen to the latest episode of Greenberg Traurig’s E2 Law Podcast, “The New Environmental Rights Amendment to the NY Constitution.”
In the first episode
Continue Reading E2 Law Podcast Episode: The New Environmental Rights Amendment to the NY Constitution
On November 2, voters in New York approved “Proposal 2” and adopted a new section 19 to Article I of the state constitution that reads: “Each person shall have a
Continue Reading The New Environmental Rights Amendment to the New York Constitution
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