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
Kaitlyn R. Maxwell, a shareholder in Greenberg Traurig’s Philadelphia office, was recognized in the City & State Pennsylvania “2022 Impact 50” issue. The magazine touts Maxwell as
Continue Reading Kaitlyn R. Maxwell Recognized as a City & State PA ‘2022 Impact 50’
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
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