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 AmendmentEnvironmental Rights Amendment
The Pennsylvania Environmental Rights Amendment and Statues
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.
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Oil and Gas and Another Questionable Pennsylvania Environmental Rights Amendment Decision
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 DecisionIs the Pa. High Court Deciding the Most Helpful Environmental Rights Amendment Cases?
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…
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Procedure or Substance and Natural or Built Under the ERA
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
…
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What Impact Review Does the Pennsylvania ERA Require?
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…
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Environmental Cases in the Pennsylvania Appellate Courts in 2021
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…
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E2 Law Podcast Episode: The New Environmental Rights Amendment to the NY Constitution
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…
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The New Environmental Rights Amendment to the New York 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…
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Another ERA Decision and Some Cautions About Making Government Work
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…
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