Here is a quote from the opinion that shows why I am excited:
As trustee, the Commonwealth has a duty to refrain from permitting or encouraging the
degradation, diminution, or depletion of public natural resources, whether such
degradation, diminution, or depletion would occur through direct state action or
indirectly, e.g., because of the state’s failure to restrain the actions of private parties. In
this sense, the third clause of the Environmental Rights Amendment is complete
because it establishes broad but concrete substantive parameters within which the
Commonwealth may act. Compare PA. CONST. art. I, § 27 with, e.g., PA. CONST. art. I, §
28. This Court perceives no impediment to citizen beneficiaries enforcing the
constitutional prohibition in accordance with established principles of judicial review.
Almost afraid to read the rest of the opinion:
http://www.post-gazette.com/attachment/2013/12/19/PennsylvaniaSupremeCourtMarcellus-pdf.pdf
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