Payne Avoids Falling Into A Funk In Pa.

Law360, New York (August 3, 2016, 11:18 AM EDT) -- Alan M. Seltzer

John F. Povilaitis Ever since the Pennsylvania Supreme Court issued its 2013 plurality decision in Robinson Township v. Commonwealth of Pennsylvania[1], we have watched with great interest the status of Payne v. Kassab[2] to see if Payne and its analytical model continue to be the main guidepost for evaluating Environmental Rights Amendment-related claims. Indeed, we questioned the continued viability of Payne in a March 2016 Law360 piece entitled “In Pa., Is Payne A Pain Or Still The Law Of The Land?”

In Payne, the Pennsylvania Commonwealth Court found that, among other things, there is no absolute or strict...

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