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, we have watched with great interest the status of Payne v. Kassab 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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