In July, the Commonwealth Court decided a case under the Environmental Rights Amendment to the Pennsylvania Constitution. Energy Conservation Council of Pennsylvania v. Public Utility Commission upheld the Public Utility Commission’s decision to allow an electric utility to construct a transmission line over challenges raised by environmental groups and the Office of Consumer Advocate under, among other things, Article I, Section 27, of the state constitution.
The Environmental Rights Amendment recognizes a public right to certain kinds of environmental quality. Ordinarily, that right would tend to impede development. However, sometimes change, even change with significant local environmental impact, would promote environmental or other values generally. In those situations, perhaps the right to environmental quality might imply that permits ought to be granted more readily.
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