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
In February, the Pennsylvania Supreme Court decided that the Environmental Hearing Board could award attorneys’ fees and litigation costs to a prevailing third-party appellant under the Clean Streams Law. Clean…Continue Reading Attorney Fees Awards Under the Clean Streams Law
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
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?