Elected to the House of Representatives for three terms (1966–1972) and to the state Senate in 1972 for two terms representing Northumberland, Columbia, Juniata, Montour, Snyder and Union counties, Franklin Kury was a leader in the enactment of environmental laws, such as amendments to the Clean Streams Act, that are seen as the culmination of the environmental revolution that marked the end of the exploitation of the state’s natural resources by the coal, steel and railroad industries.
He was the author and lead advocate for the Environmental Rights Amendment to the state constitution that declares--
“The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania's public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.”
On May 18, 1971, the people of Pennsylvania voted 1,021,342 to 259,979-- a 4 to 1 margin-- to add this right to the state constitution alongside the rights to religious freedom, freedom of press and speech, political powers, right to elections, security from search and seizures, and the “inherent rights of mankind”
Kury was proud of the fact the Women’s Equal Rights Amendment on the same ballot passed by a 2 to 1 margin.
In the state Senate, he led a six-year struggle that resulted in the enactment of the state’s floodplain and stormwater management laws and helped modernize the Public Utility Commission in addition to the Environmental Rights Amendment.
In 2011, he authored an autobiography-- Clean Politics, Clean Streams: A Legislative Autobiography-- published by the Lehigh University Press.
PA Supreme Court decisions in December 2013 -- Robinson Township v. Commonwealth of Pennsylvania-- and in June 2017-- Pennsylvania Environmental Defense Foundation v. Commonwealth-- brought the Environmental Rights Amendment to life.
The Court looked at the plain language of the Amendment and said it placed a duty on the Commonwealth of Pennsylvania, the General Assembly, Governor and each state agency and local government to conserve Pennsylvania’s natural resources, as a trustee preserves a trust for the beneficiaries of the trust.
“It held that the text of Article I, Section 27 provides the rules to be applied in any case,” said John Dernbach, Emeritus Professor of Law at Widener University. “It also reaffirmed that the constitutional public trust is self-executing; it does not need further legislation in order to be applied.” [Read more here.]
Reacting to the 2013 decision, Kury told PA Environment Digest-- “The opinion as it relates to Article I, Section 27 is everything I hoped it would be. It took everything we did then and set a new standard for precedent. Environmental laws and actions will now have to be judged against the Amendment.”
In 2021, Kury celebrated the 50th anniversary of the enactment of the Environmental Rights Amendment by authoring-- In The Constitutional Question To Save The Planet: The Peoples’ Right To A Healthy Environment-- proposing a U.S. constitutional amendment on environmental rights.
Former Gov. Tom Ridge said of the book-- “Franklin Kury has given us the intriguing inside story of an important Pennsylvania legal policy, and social development—the “Environmental Amendment” to our Constitution. . . . It will give scholars, historians, policymakers, and citizens alike important insights and good guidance for the next 50 years. For this book, and for his decades of wise environmental leadership and respected political activism, Frank deserves our thanks.”
Remembrances
John Childe, Environmental Attorney, PA Environmental Defense Foundation--
“Franklin Kury was a gentle man, but strong in his convictions. I got to know of him through Robert Broughton, my professor at Duquesne University Law School in the early seventies. Professor Broughton worked with Franklin in getting Article I Section 27 adopted.
“He wrote a legal analysis of the Amendment that is part of the Legislative Record of the Amendment.
“What Franklin Kury created in the Equal Rights Amendment is almost beyond description. Three simple sentences, tied together in poetic language, that is profound in its impact.
“I once heard it described as eloquent in its simplicity. What Senator Kury accomplished is profoundly unique, not only in this country, but throughout the world.
“Article I Section 27 establishes the protection of our public natural resources for the benefit of the people as one of our inalienable rights under Article I of our Constitution.
“The Amendment establishes our public natural resources as the 'common property of the people, limiting the role of the government.
“The Amendment puts the natural resources in an enforceable trust, making the government the trustee.
“The stated duty of the trustee requires the government to preserve the rights of the people to the natural, scenic, historic and esthetic values of our natural resources.
“What these rights establish is a unique relationship with us and our natural resources. A relationship that puts our public natural environment on an equal plain with us.”
John Dernbach, Emeritus Professor Of Law, Widener University--
“Franklin Kury was a visionary. He saw what others did not--that the most enduring environmental protection must come from the constitution.
“As a young lawyer and legislator, he drafted and championed an amendment to Pennsylvania's constitution recognizing that people have a right to a clean environment, just like they have a right to free speech.
“As a result, in 1971, Pennsylvania became the first state in the country to allow citizens to seek judicial relief against the government for not protecting their environmental rights.
“This amendment has helped protect Pennsylvania citizens and their environment, and has inspired comparable constitutional amendments all over the world.”
James M. Seif, Former Secretary, PA Department of Environmental Protection--
“We usually remember Franklin for bringing Pennsylvania its landmark Environmental Amendment; but he also gave us five decades of first class legal practice, thought leadership, environmental advocacy, good advice and friendship.
“Thank you and rest in peace.”
David E. Hess, Former Secretary, PA Department of Environmental Protection--
“I had the privilege of knowing many environmental pioneers and leaders over my career, but Sen. Kury’s work established the foundation of environmental protection in Pennsylvania and his accomplishments made life better for Pennsylvanians impacted by the environmental insults of industry, something we need to again focus on today.”
NewsClips:
-- Inside Climate News - Marie Cusick: Remember Franklin Kury, The ‘Visionary’ Author Of Pennsylvania’s Environmental Rights Constitutional Amendment
Resource Links - Franklin Kury:
-- Feature: Environmental Heritage - The Environmental Amendment to the State Constitution – 37 Years Later - By Franklin Kury [PaEN]
-- Op-Ed: Taking The Public Trust Seriously: The PA Supreme Court's Landmark Decision in PEDF v. Commonwealth - By John Dernbach [PaEN]
-- PA Environmental Council: Securing Our Environmental Rights [PaEN]
-- Watch WITF StateImpactPA Generations Yet To Come Documentary On Environmental Rights Amendment
Related Articles - Franklin Kury:
-- Patriot-News: Franklin Kury And The 40-Year Fight For Clean Air, Water In PA [PaEN]
-- Book: Clean Politics, Clean Streams By Franklin Kury [PaEN]
-- CBF Blog: Franklin Kury: Two Jars Of Water, And A Lasting Environmental Legacy For Pennsylvania [PaEN]
-- New Book By Franklin Kury Makes The Case For A Constitutional Right To A Healthy Environment [PaEN]
-- Straight Talk: Article I, Section 27 PA Environmental Rights Amendment Court Decision - By John Arway, Fish & Boat Commission [PaEN]
-- Op-Ed: The Impact Of The PA Supreme Court Environmental Rights Amendment Ruling On The Environment [PaEN]
-- Franklin Kury To Receive Ralph Abele Conservation Heritage Award [PaEN]
-- PA Environmental Council To Honor Franklin Kury, Andrew Johnson, Bartram’s Garden In Philadelphia [PaEN]
[Posted: August 24, 2026] PA Environment Digest
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