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Analysis

Pa. Drilling Law Case Could Set New Enviro Rights Standards

Law360 (August 10, 2018, 4:57 PM EDT) -- Questions over the proper application of Pennsylvania's Environmental Rights Amendment have abounded since the state's high court breathed new life into the provision last year, but attorneys say a recent order for reconsideration of a decision affirming a drilling-friendly municipal zoning ordinance could set clear new standards.

The Pennsylvania Supreme Court ordered rehearing in the dispute over Middlesex Township's zoning ordinance on Aug. 3 after finding that the measure had been upheld in reliance on a decades-old balancing test that the justices ruled last year gave short shrift to the environmental protections enshrined in the state's constitution.

While the decision to...

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