Op-Ed: PA High Court Addresses Scope Of The Environmental Rights Amendment

By Terry R. Bossert, Post & Schell, The Legal Intelligencer

On June 20, the Pennsylvania Supreme Court issued a significant and potentially far-reaching opinion in Pennsylvania Environmental Defense Foundation (PEDF) v. Commonwealth of Pennsylvania, 2017 Pa. LEXIS 1393, No. 10 MAP 2015 (June 20, 2017).

While initial attention has been paid to the decision's potential monetary impact via the use of oil and gas lease funds, a more detailed analysis reveals that the longer lasting impact of PEDF will be found in its pronouncements on the scope of judicial review of government actions and, perhaps, implicating the separation of powers among the three branches of the government.

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Terry R. Bossert is the former chief counsel for the Pennsylvania Department of Environmental Protection and a principal in Post & Schell’s environmental practice group and co-chair of the firm’s shale resource practice group.

NewsClip:

The Legal Intelligencer - Energy & Environmental Law Supplement July 25

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