Thank you for sharing!

Your article was successfully shared with the contacts you provided.
David Mandelbaum. David Mandelbaum.

The Pennsylvania appellate courts decided about two dozen cases that one could call “environmental” last year. A brief review follows that necessarily gives short shrift to some of these opinions. This review may also omit some cases, for which I apologize.

Environmental Rights Amendment

The second and third sentences of Article I, Section 27, of the Pennsylvania Constitution (ERA) establishes a trust of “public natural resources” held by the commonwealth for the benefit of “all the people.” In Pennsylvania Environmental Defense Foundation v. Wolf, 161 A.3d 911 (Pa. 2017), the Supreme Court held that the ERA required proceeds from sale of the trust corpus (oil and gas leases in state forests) to be returned to the trust, and not appropriated to the General Fund. The court endorsed the plurality opinion in Robinson Township v. Pennsylvania Public Utility Commission, 83 A.3d 901 (Pa. 2013), and disapproved the analysis under Payne v. Kassab, 312 A.2d 86, 94 (Pa. Commw. 1973), aff’d 361 A.2d 263 (Pa. 1976). The court made some statements not necessary to the decision to the effect that the first sentence of the ERA calls for agencies of the commonwealth to conduct an environmental review before taking any action, and to refrain from acting if the adverse impacts on the environment would be unreasonable. Further, the court said that the duties of the commonwealth as trustee were those of a private trustee.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.