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Constitutional law

Environmental Law

Kenneth T Kristl

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Full-Text Articles in Law

The Devil Is In The Details: Articulating Practical Principles For Implementing The Duties In Pennsylvania's Environmental Rights Amendment, Kenneth Kristl Mar 2016

The Devil Is In The Details: Articulating Practical Principles For Implementing The Duties In Pennsylvania's Environmental Rights Amendment, Kenneth Kristl

Kenneth T Kristl

The 1971 Environmental Rights Amendment to the Pennsylvania Constitution at Article I, Section 27 created individual rights to clean air, pure water, and other environmental features as well as a public trust in the Commonwealth’s public natural resources. Judicial interpretation significantly narrowed Section 27’s reach until the Pennsylvania Supreme Court’s Robinson Township decision in 2013 reinvigorated the Amendment. In the aftermath of Robinson Township, government officials and courts will need guidelines for how to comply with Section 27 in making and reviewing government actions and decisions. This article develops a set of concrete, practical principles for applying Section 27. It …

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Robinson Township V. Commonwealth Of Pennsylvania: Examination And Implications, John Dernbach, James May, Kenneth Kristl Dec 2014

Robinson Township V. Commonwealth Of Pennsylvania: Examination And Implications, John Dernbach, James May, Kenneth Kristl

Kenneth T Kristl

In Robinson Township v. Commonwealth of Pennsylvania, the Pennsylvania Supreme Court held unconstitutional major parts of Pennsylvania’s “Act 13”—a 2012 oil and gas law designed to facilitate the development of natural gas from Marcellus Shale. In so doing, the Court breathed new life into Article I, Section 27 of Pennsylvania’s constitution, which creates public rights in certain environmental amenities and requires the state to “conserve and maintain” public resources “for the benefit of all the people.” This paper describes the decision, explains some of its immediate implications in Pennsylvania, and also explains its importance for public environmental rights and environmental …

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