VOLUME 10 - 2017-2018 ISSUE 2
10 Ky. J. Equine, Agric. & Nat. Resources L. 149 (2018).
ACT 13 AND THE ENVIRONMENTAL RIGHTS AMENDMENT
Article Written by: Lucas Liben and Marla D. Tortorice
In 2012, Pennsylvania enacted Article 13 of the Environmental Rights Act (ERA). This act marked a major overhaul in oil and gas legislation within the state. The Act sought to provide uniformity across Pennsylvania for oil and gas development. Although well-intentioned, many issues arose concerning the constitutionality of these provisions. Eventually, in a case referred to as Robinson II, the Pennsylvania Supreme Court held that certain provisions of the act were unconstitutional. This Article analyzes the case law succeeding Robinson II and highlights the momental impact of the decision’s textual interpretation of the ERA on Pennsylvania’s environmental regulatory scheme.