In the recent case of Fresh Air for the Eastside, Inc. v. State of New York (decided July 26, 2024), the plaintiffs sought to compel enforcement of the state’s newly
Continue Reading Clarifying the Scope of New York’s Green Amendment
Intervention and the Environmental Rights Amendment
Last month, the Pennsylvania Supreme Court held that environmental groups could intervene in litigation to use the Environmental Rights Amendment of the Pennsylvania Constitution to support a regulation even though
Continue Reading Intervention and the Environmental Rights Amendment
New York Appellate Court Denies Developer’s Landfill Odor Nuisance Claim in Metrose v. Waste Management as New Green Amendment Cases Await Decision
Last month in New York, the Appellate Division, Fourth Department delivered a victory to landfill operator Waste Management, dismissing a laundry list of tort claims arising out of a real
Continue Reading New York Appellate Court Denies Developer’s Landfill Odor Nuisance Claim in Metrose v. Waste Management as New Green Amendment Cases Await Decision
The Montana ‘Youth Climate Case’ and the Pa. Environmental Rights Amendment
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
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.
Continue Reading The Pennsylvania Environmental Rights Amendment and Statues
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 Decision
Is 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
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
Continue Reading Procedure or Substance and Natural or Built Under the ERA
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
Continue Reading What Impact Review Does the Pennsylvania ERA Require?
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
Continue Reading Environmental Cases in the Pennsylvania Appellate Courts in 2021