Thursday, December 19, 2013

Glorious Day -- PA Supreme Court decision on Act 13

I am too excited to study this opinion closely.  But I am celebrating that the PA Supreme Court finally gave so much thought to Environmental Rights.  Kudos to the attorneys involved.

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

No comments:

Post a Comment