Divergent Constitutional Conundrums In Pa. And NY

Law360, New York (January 17, 2014, 11:57 AM EST) -- The Pennsylvania Supreme Court’s recent decision in Township of Robinson v. Commonwealth, 63 MAP 2012 (Dec. 19, 2013), has spurred an abundance of analysis and debate surrounding Article 1, Section 27 of the Pennsylvania Constitution, commonly referred to as the Environmental Rights Amendment.

Reaction to the opinion varies widely, some offering high praise to the court’s empowerment of the previously little-used amendment, while others contend that the opinion significantly overreaches by providing unprecedented power to the ERA.

Meanwhile, in New York state, a moratorium on hydraulic...
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