David Mandelbaum, Greenberg Traurig. What Impact Review Does Pennsylvania's ERA Require?
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.
February 11, 2022 at 11:45 AM
7 minute read
As is by now familiar, the Pennsylvania Constitution includes an Environmental Rights Amendment, Article I, Section 27. Because neither the General Assembly nor any administrative agency can definitively say what rights a constitutional provision confers, we must await elucidation from the courts. 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. See Murrysville Watch Committee v. Municipality of Murrysville Zoning Hearing Board, No. 579 C.D. 2020 (Pa. Commw. Ct. Jan. 24, 2022). That opinion may reflect some lack of judicial clarity with implications for ordinary government processes and therefore business.
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