By my count, the three Pennsylvania appellate courts decided 27 environmental cases in 2019. Categorization is somewhat subjective, so I apologize for any omissions. For brevity, citations are truncated, and omitted years are 2019.

Environmental Rights Amendment

Since at least the Pennsylvania Supreme Court plurality’s opinion in Robinson Township v. Public Utilities Commission, 83 A.3d 901 (Pa. 2013), the courts have begun to flesh out how the Environmental Rights Amendment (ERA) to the Pennsylvania Constitution, Pa. Const. art. I, Section 27, constrains or mandates governmental action. The Commonwealth Court will likely receive the majority of the appeals involving the ERA, and it decided four in the past year.

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