It is critically important for real estate, business, and municipal clients to understand the Pennsylvania Supreme Court’s June decision in Pennsylvania Environmental Defense Foundation v. Wolf, in which the Court reinterpreted the Environmental Rights Amendment to the Pennsylvania Constitution.
The Amendment now calls for the government to conduct an assessment of the effect a governmental action will have on the values of the environment before the government acts. The government may not act if the effect would be unreasonable. And, the government must act as a trustee of the Commonwealth’s public natural resources.
What implications does this have for zoning or land development approvals, nonenvironmental state and local permits, or legislation? What implications does it have for the government entities to which they apply or to those who oppose the projects? There will be litigation over the nuances, but clients need immediate advice.
Under the direction of environmental lawyer David G. Mandelbaum, Esq., PBI is
pleased to be able to offer this book, which explore these new issues raised
by the recent decision.
Summary of Contents
- The Court’s New View of the Environmental Rights Amendment
- Who Has Environmental Rights? A Debate
- Strategizing the First Sentence of the Environmental Rights Amendment