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Showing 2 posts in Environmental Rights Amendment.

Yesterday, the Pennsylvania Environmental Hearing Board issued an important decision that provides guidance on how to apply Article I, Section 27 of the Pennsylvania Constitution (“Environmental Rights Amendment” or “ERA”) in the context of a permitting decision in light of the Pa. Supreme Court’s recent decision in Pa. Environmental Defense Fund v. Commonwealth, No. 10 MAP 2015 (Pa. June 20, 2017) (“PEDF”).  See Center for Coalfield Justice v. DEP, EHB Docket No. 2014-072-B (Adjudication issued Aug. 15, 2017).   Read More »

On June 20, 2017, the Pennsylvania Supreme Court, in a majority decision, established a binding, heightened standard of review for challenges brought under Pennsylvania’s Environmental Rights Amendment. See Pa. Environmental Defense Foundation v. Commonwealth, No. 10 MAP 2015 (Pa. June 20, 2017) (PEDF).  The Court’s decision in PEDF affirmed and expanded upon the Court’s 2013 plurality decision in Robinson Township v. Commonwealth, 83 A.3d 901 (Pa. 2013), which the Commonwealth Court had refused to follow. Read More »