David G. Mandelbaum of Greenberg Traurig. Courtesy photo Intervention and the Environmental Rights Amendment
Because the courts have not fleshed out all the nuances of what the Environmental Rights Amendment means, this superficially procedural decision may have important implications for how that constitutional jurisprudence develops.
August 02, 2024 at 10:37 AM
7 minute read
Last month, the Pennsylvania Supreme Court held that environmental groups could intervene in litigation to use the Environmental Rights Amendment of the Pennsylvania Constitution to support a regulation even though the Department of Environmental Protection had declined to make that argument. See Shirley v. Pennsylvania Legislation Reference Bureau, No. 85 MAP 2022 (Pa. July 18, 2024). Because the courts have not fleshed out all the nuances of what the Environmental Rights Amendment means, this superficially procedural decision may have important implications for how that constitutional jurisprudence develops.
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