First, the image at the top of this webpage /article is the State Seal for Pennsylvania.  "The state seal of Pennsylvania, known as the Great Seal, features a shield with a ship, a plow, and three sheaves of wheat, symbolizing commerce, agriculture, and the state's resources. It has an obverse and a reverse, with the reverse depicting Lady Liberty overcoming Tyranny, emphasizing the motto "Both Can't Survive."  (Source:  Duck Duck Go AI)"

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The Pennsylvania Constitution states the people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. We asked Grok a Question-What does this really mean that the Pennsylvania Constitution states that people have the right to clean air, pure water... etc. ?

I was born and raised most of my life in Pennsylvania and to be honest, I thought I knew the answer to this question, but it appears I did not and it appears the answer has changed with time.   Also, I have big problem with the term "pure water", because pure water would be water that only contains water molecules and even the purest water that we can create exposed to the atmosphere contains more than just water molecules. 

Note: "Pure water is defined as water that is free from any impurities or contaminants. Chemically, it is composed only of H₂O molecules, meaning it does not contain dissolved salts, minerals, organic materials, or microorganisms. (Source: Duck Duck Go AI)

The Pennsylvania Constitution's Article I, Section 27, adopted in 1971 and commonly known as the Environmental Rights Amendment (ERA), grants the people a right to clean air, pure water, and the preservation of natural, scenic, historic, and esthetic environmental values. It also establishes a public trust doctrine, designating the Commonwealth as trustee of public natural resources for the benefit of present and future generations. Pennsylvania courts have interpreted this provision over time, evolving from a deferential approach to a more robust enforcement of environmental protections and governmental duties.

Early Judicial Interpretation (1970s–Early 2010s)

For decades after its adoption, courts gave the ERA limited effect, treating it largely as a policy statement rather than a source of strong enforceable rights. In the landmark 1973 case Payne v. Kassab, the Pennsylvania Supreme Court established a three-part balancing test to evaluate government actions under the ERA:

(1) whether there was compliance with applicable statutes and regulations;

(2) whether a reasonable effort was made to reduce environmental harm; and

(3) whether the environmental harm clearly outweighed the benefits. (Source: rutgerslawreview.com)

This test was highly deferential to legislative and executive decisions, often resulting in the ERA having minimal impact on environmental challenges. Courts viewed the amendment as aspirational, with little judicial intervention, and rarely used it to strike down laws or compel action. (Source: templelawreview.org)

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Revival and Robust Interpretation (2013 - Onward)

A major shift occurred in 2013 with Robinson Township v. Commonwealth, where the Pennsylvania Supreme Court invalidated key provisions of Act 13, a law regulating oil and gas development (including fracking in the Marcellus Shale). In a plurality opinion, the Court held that the ERA is self-executing—requiring no additional legislation for enforcement—and establishes both individual environmental rights and a public trust. (Source: rutgerslawreview.com)

Key elements of this interpretation include:

• The amendment's first sentence grants fundamental rights to a clean environment, on par with other constitutional protections like free speech.
  
  
• The second and third sentences impose a fiduciary duty on the Commonwealth (including local governments as co-trustees) to "conserve and maintain" public natural resources, prohibiting degradation, diminution, or depletion. (Source: rutgerslawreview.com)
  
  
• Act 13's preemption of local zoning ordinances and uniform regulations violated these duties by allowing industrial activities in sensitive areas without adequate safeguards, unequally burdening communities, and undermining local trustee roles. (Source: rutgerslawreview.com)

This decision criticized the Payne test as too narrow and non-textual, emphasizing instead a text-based analysis rooted in the amendment's history of addressing industrial environmental harm. (Source: jelr.law.lsu.edu)

In 2017, the Supreme Court further strengthened the ERA in Pennsylvania Environmental Defense Foundation (PEDF) v. Commonwealth, explicitly overruling the Payne balancing test as inconsistent with the amendment's text. (Source: johndernbach.com)

The Court affirmed the public trust framework, holding that:

• Public natural resources (e.g., state parks, forests, and underlying oil/gas) form the trust's corpus, with the people as beneficiaries across generations.
  
  
• The Commonwealth, as trustee, has duties of prudence, loyalty, and impartiality under private trust principles, including affirmative obligations to protect the environment through legislation and to prevent harm from state or private actions.
  
  
• Proceeds from leasing public lands for resource extraction (e.g., royalties) must remain in the trust and be used solely for conservation and maintenance, not diverted to general funds. (Source: johndernbach.com)

The case struck down Fiscal Code amendments allowing such diversions, applying the ERA to state budgeting and resource management. (Source: stateimpact.npr.org)

Recent Applications (2017–2025)

Since 2017, courts have continued to apply this broad, text-based interpretation, expanding the ERA's reach to new contexts while reinforcing governmental accountability. For instance:

• In cases involving greenhouse gas regulations and climate change, the Supreme Court has allowed environmental groups to intervene in litigation, recognizing the ERA's role in ensuring adequate legal representation for public environmental interests. (Source: acoel.org)
  
  
• The Commonwealth Court has reaffirmed that municipalities and courts must adhere to ERA duties in land-use decisions, such as zoning and development approvals, to prevent environmental harm. (Source: barley.com)
  
  
• Interpretations have emphasized the ERA's application to legislative actions, preventing abuse of environmental resources for non-trust purposes, and requiring agencies to consider statutory authority in light of trustee obligations. (Source: law.georgetown.edu)

Overall, the ERA has transformed from a dormant provision into a powerful constitutional tool, imposing affirmative duties on all government branches to prioritize environmental protection. This evolution reflects a judicial commitment to the amendment's plain text, historical intent, and public trust principles, though challenges persist in balancing economic development with sustainability.  (Source: papers.ssrn.com)

Overall, my biggest problem is that we do not solve the underlying questions with laws, but with court cases that either go to settlement or get a decision.  Therefore, it is my opinion that the citizens of Pennsylvania really do not have an opportunity to have their voices heard on many issues.   I prefer to have laws on the books rather than court decisions and court settlements. 

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