Clean Air & Water; It’s not just a NIMBY thing…
Like most people, I appreciate clean air, pure water and the scenic beauty that exists in many areas of Pennsylvania. I’ve lived here all my life and have always been drawn to nature and the beauty that surrounds us from bucolic pastures to scenic waterfalls as well as forests and farms. Not only do they offer beauty but they each serve a purpose in providing a healthy environment.
Based on commentary that I’ve read on social media regarding the next new development, data centers, changes in local zoning and geoengineering, I know that many people share my concerns. However, what I have also observed is a general sense of helplessness and lack of knowledge about Pennsylvania law and how it applies to development in Pennsylvania. What I didn’t know was that someone fifty years before us felt the same way and sanctified these environmental ideals into a group of rights. I had the privilege of attending a recent seminar hosted by the Delaware County Bar Association on this very subject. I’m not an attorney, but wanted to share a few ideas.
The Environmental Rights Amendment to the Pennsylvania Constitution has been around since 1971, borne out of a need to protect the land from unregulated practices of previous generations, such as mining, logging, industrial toxic sewage draining into our rivers and smog clogging our clear skies, among other things.
There have been cases that hinged their arguments on this amendment, which I won’t address here, but you can find them on the sites below. These are large cases that involve fracking, drilling and other actions that took a major toll on the environment and our health. However, the ERA can and has been applied to other projects of a much smaller scale. As I understand it, the amendment sets forth the obligation of every branch and level of the Pennsylvania government, from the Governor to the local building inspector, to be a trustee of Pennsylvania’s environment.
With development pressure at an all time high and so many commercial and industrial projects in the collective pipeline, it is incumbent that the law be followed and citizens have a right to review. Pennsylvania has 1,454 townships and is home to 5.6 million citizens, who all have a right to clean air, water and scenic beauty.
Citizens who feel overwhelmed by the constant destruction of the enviroment can be comforted that the law in Pennsylvania is on their side, as long as it is followed. The best way to have an impact is to stay actively involved, or at least aware of proposed projects/zoning so you can communicate with officials regarding the impacts of new projects, changes not only in their own townships, but surrounding areas that may affect the quality of life in the area.
It’s important to note that the ERA is not anti-development; it’s goal is sustainable development.
I’ve provided an overview and a few suggestions above. If you would like to know more about the ERA and its applications, please visit the following:
Pennsylvania BiPartisan Climate Initiative
Beautiful nature is all around us from Chester, Delaware and Bucks counties and beyond.
Let’s keep it this way!
Recent Cases:
The Nature of Delaware Valley 
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