Brief of Amicus Curiae: Widener University Law School Environmental Law and Sustainability Center

52 Pages Posted: 28 May 2015

See all articles by John C. Dernbach

John C. Dernbach

Widener University - Commonwealth Law School

Date Written: May 20, 2015

Abstract

On Wednesday, May 20, 2015, a Brief of Amicus Curiae was filed by John C. Dernbach with the Supreme Court of Pennsylvania, Middle District, on behalf of the Widener University Law School Environmental Law and Sustainability Center for case 10MAP2015 Pennsylvania Environmental Defense Foundation v. Commonwealth of Pennsylvania, and Governor of Pennsylvania, Tom Wolf, in his official capacity as Governor. The case is a challenge under Article I, Section 27 to legislative and executive branch actions involving oil and gas leasing on public lands. The Widener University Law School Environmental Law and Sustainability Center requests the court, if it reaches the merits, to decide this case based on the text of the public trust clause of Article I, Section 27 and traditional rules of constitutional interpretation. The rules articulated by the Robinson Township v. Commonwealth plurality require that those challenging government action as unconstitutional must demonstrate that the action clearly and palpably violates the constitution.

Keywords: Robinson Township, Article I, Section 27; Pennsylvania constitution, constitutional environmental law, public trust

Suggested Citation

Dernbach, John C., Brief of Amicus Curiae: Widener University Law School Environmental Law and Sustainability Center (May 20, 2015). Available at SSRN: https://ssrn.com/abstract=2611298 or http://dx.doi.org/10.2139/ssrn.2611298

John C. Dernbach (Contact Author)

Widener University - Commonwealth Law School ( email )

3800 Vartan Way
Harrisburg, PA 17110-9380
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
14
Abstract Views
264
PlumX Metrics