The People Have A Right: A Brief Overview Of Environmental Rights Amendment Case Law

Pennsylvania’s constitution contains an Environmental Rights Amendment, Article I Section 27, which declares that the people have a right to clean air, pure water and the preservation of the natural environment for current and future generations. It establishes that the Commonwealth is a trustee of public natural resources and must conserve and maintain them for the benefit of all.

In a series of landmark decisions, the Pennsylvania Supreme Court has breathed new life into the amendment. In Robinson Township v. Commonwealth (2013), the court invalidated portions of Act 13 that restricted local control over oil and gas drilling and reaffirmed that environmental rights are on par with other constitutional rights. In Pennsylvania Environmental Defense Foundation v. Commonwealth (2017), the court held that revenues from state oil and gas leases must be used to protect public lands rather than fill budget gaps. More recent cases have applied the ERA to overturn deficient permits and zoning approvals that would harm natural resources.

Together these cases demonstrate that Pennsylvanians can rely on the Environmental Rights Amendment to challenge harmful development and to demand that government agencies act as faithful stewards of our air, water and lands. Knowing your environmental rights is the first step toward securing a healthier, more just future.