David G. Mandelbaum, Greenberg Traurig. Is the Pa. High Court Deciding the Most Helpful Environmental Rights Amendment Cases?
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 business, organizations, and their lawyers need some guidance on both parts of the ERA.
September 01, 2022 at 01:56 PM
7 minute read
Environmental Law
Earlier this month, the Pennsylvania Supreme Court issued another opinion in the long-running PEDF litigation about the public trust provisions of the Environmental Rights Amendment to the Pennsylvania Constitution. See Pennsylvania Environmental Defense Foundation v. Commonwealth, No. 65 MAP 2020 (Pa. Aug. 5, 2022)(PEDF VI). PEDF challenged several years' appropriation of proceeds from oil and gas leasing under state forest and park land. There is a lot of money at stake. But are the issues posed here really the sorts of things that the courts have to resolve in order to help businesses, governments, and courts figure out what Article I, Section 27, of the Pennsylvania Constitution means in practice?
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