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Pennsylvania

It Only Hurts When I Use It: The Payne Test and Pennsylvania’s Environmental Rights Amendment

Article I, §27 of the Pennsylvania Constitution creates public rights in natural resources, and tasks the Commonwealth government with conserving and maintaining them for the benefit of all. The section’s expansive language was...

Unpave a Parking Lot and Put Up a Paradise: Using Green Infrastructure and Ecosystem Services to Achieve Cost-Effective Compliance

Philadelphia has agreed to implement a long-term plan to employ ecosystem services provided by green stormwater control infrastructure to reduce combined sewer overflows and achieve compliance with the CWA. The $2.5 billion Green City,...

Getting to “Yes”: A Proposal for a Statutory Approach to Compulsory Pooling in Pennsylvania

The natural gas reserves in the Marcellus Shale gas play offer profound economic potential as new technologies make its extraction economically viable. However, Pennsylvania’s current oil and gas conservation laws lack a comprehensive...

Rights to Obtain Damages Under Pennsylvania Environmental Citizen Suit Provisions After Centolanza and Redland Soccer Club

Editors' Summary: According to prevailing precedent, the citizen suit provisions of environmental statutes do not entitle plaintiffs to a private right-of-action for damages. However, two recent decisions by the Pennsylvania Supreme...

Attorneys Fees Awards Under RCRA §7002(e): The Corporate "Prevailing Party"

None of the citizen suit provisions of federal environmental laws bars a prevailing, for-profit corporate litigant from obtaining attorneys fees awards under those statutes' fee-shifting mechanisms. This is true even when a corporation...