News & Analysis as of

Environmental Rights Amendment

Beveridge & Diamond PC

New York Becomes the Third State to Adopt a Constitutional Green Amendment

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On November 2, 2021, New York State voters passed a ballot measure enshrining in the State Constitution the right to a “healthful environment.” The new “green amendment” or “Environmental Rights Amendment” (ERA) places New...more

Dechert LLP

New York’s Green Amendment: How Guidance from Other States Can Shape the Development of New York’s Newest Constitutional Right

Dechert LLP on

Key Takeaways Likened by some to motherhood and apple pie, the Environmental Rights Amendment was adopted by New York with a resounding “Yes” on November 2, 2021, with approximately 68% of voters approving the new amendment....more

Bond Schoeneck & King PLLC

Explaining the New York Environmental Rights Amendment

The Environmental Rights Amendment (Green Amendment) was passed by the New York State Senate and Assembly in consecutive legislative sessions. Because this fulfills New York State’s requirement for a constitutional amendment,...more

(ACOEL) | American College of Environmental...

Pennsylvania Supreme Court Reaffirms and Extends Landmark 2017 Public Trust Decision

In May 1971, at the beginning of the modern environmental movement, Pennsylvania voters approved an Environmental Rights Amendment (ERA) to the state’s constitution. Article I, Section 27 provides: The people have a right to...more

McNees Wallace & Nurick LLC

The PA Supreme Court’s Revival of the Environmental Rights Amendment

This post, which is the second in a two-part series exploring the scope of Pennsylvania’s Environmental Rights Amendment (the “ERA”), will delve deeper into the text of the ERA as analyzed and explained by the Pennsylvania...more

Pillsbury - Gravel2Gavel Construction & Real...

Pennsylvania Supreme Court Holds that Fiscal Legislation Can be Invalidated When Inconsistent with Environmental Rights Amendment

In 1971, the citizens of Pennsylvania overwhelmingly approved a proposed amendment to the Commonwealth of Pennsylvania’s Constitution’s Declaration of Rights, now known as the “Environmental Rights Amendment” (ERA). The...more

K&L Gates LLP

Pennsylvania Supreme Court Issues Transformative Decision in Environmental Rights Amendment Case

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The Pennsylvania Supreme Court recently issued a landmark decision regarding Article I, Section 27 of the Pennsylvania Constitution, also known as the “Environmental Rights Amendment.” This amendment holds significance to...more

Tucker Arensberg, P.C.

PA Supreme Court Restricts General Assembly’s Right to Spend Oil & Gas Royalty Money

Tucker Arensberg, P.C. on

The Pennsylvania Supreme Court continues to expand the reach of the Environmental Rights Amendment to the state Constitution. Adopted in 1971, the Environmental Rights Amendment recognizes that the people have a right to...more

Clark Hill PLC

Pennsylvania Supreme Court Completes Revival of Environmental Rights Amendment

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A 5-to-1 majority of the Pennsylvania Supreme Court recently confirmed that the text of the Environmental Rights Amendment to the Pennsylvania Constitution (Article 1, Section 27) is the appropriate standard of judicial...more

Spilman Thomas & Battle, PLLC

The Saga of Pennsylvania's Act 13 Comes to an End

With a bang, rather than a whimper, the saga of Pennsylvania’s Act 13 appears to have finally come to an end. On September 28, 2016, nearly three years after giving teeth to the long-dormant environmental rights amendment to...more

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