Pennsylvania - Mining

摘要

New Environmental Rights amendment Standard of Review Applied to Decision on Mine Permit Revisions The Pennsylvania Supreme Court's recent decision in Pennsylvania Environmental Defense Foundation v. Commonwealth, 161 A.3d911 (Pa. 2017), rev'g in part and vacating in part 108 A.3d 140 (Pa. Commw. Ct. 2015), set aside a long-standing judicial test for analyzing claims brought under article I, section 27 of the Pennsylvania Constitution, the Environmental Rights Amendment (ERA). See Pennsylvania Oil & Gas report, infra, for further discussion. Because the PEDF matter dealt with purely public assets, it remained to be seen how courts would analyze state and local regulation of private property, including mines, under this new ERA standard of review.