Docket Watch: PA Supreme Court Reinvigorates State's 1971 Environmental Rights Amendment
Joel Burcat and Andrew Bockis, members of the Firm’s Environment and Natural Resources Practice, authored this blog post featured on The Federalist Society Blog, on Pennsylvania’s use of the States 1971 Environmental Rights Amendment (ERA). The article explains that a 2013 case, Robinson Township v. Commonwealth, helped to revive the ERA standards, which had not been used in a court decision since 1973. In June 2017, the Supreme Court reversed the original decision by the Commonwealth Court rejecting the much-used Payne test and using the ERA to reach their decision. The article also notes the takeaways of the opinion as well as the questions raised by the decision.
To read the full article, click here.