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

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.