David Mandelbaum, Greenberg Traurig. Another ERA Decision and Some Cautions About Making Government Work
The ERA does not create additional procedures, although the absence of those procedures may make a statute or regulation unconstitutional.
February 11, 2021 at 12:23 PM
6 minute read
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 agencies must implement the ERA while "staying in lane." They may only engage in the evaluation of rules or permits using the procedures and under the standards established for them by statute or regulation. The ERA does not create additional procedures, although the absence of those procedures may make a statute or regulation unconstitutional.
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