Environmental Rights Amendment

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?

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

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

The Pennsylvania appellate courts decided a relatively large number of environmental cases during 2018. This survey briefly characterizes those cases under the following categories: Environmental Rights Amendment; pre-emption of local

Continue Reading Significant Environmental Cases in Pa. Courts During 2018 (Part 1)