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I suggest adding environmental justice criteria to Article I, Section 27 to defend Pennsylvania's vulnerable neighborhoods. The Clean Water Act should include PFAS chemicals and microplastics, and the federal government should provide funding for state-level monitoring and cleaning. These enhancements would improve air and water availability and satisfy Pennsylvania's constitutional and federal obligations.

Dernbach, J. C. (2020). Natural resources and the public estate; article I, section 27. Ssrn.com. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3588331

Environmental Protection Agency. (2021). Progress cleaning the air and improving people’s health | US EPA. United States Environmental Protection Agency. https://www.epa.gov/clean-air-act-overview/progress-cleaning-air-and-improving-peoples-health

Pennsylvanians need clean air and water for health, enjoyment, and prosperity. Pennsylvania and the federal government interact via constitutional provisions, regulations, and regulatory bodies to protect environmental quality. Article I, Section 27 of the Pennsylvania Constitution links with federal law to guarantee clean air and water, exhibits cooperative federalism power sharing, and offers specific policy enhancements.

Residents have the “right to clean air, pure water, and the preservation of the natural, scenic, historic, and esthetic values of the environment” under Article I, Section 27 of the 1971 Pennsylvania Constitution (Dernbach, 2020). This clause compels DEP and other state agencies to enforce environmental laws and consider ecological impacts in resource extraction, land development, and industrial permits.

Introduction

State Constitutional Foundation

Policy Advocacy Recommendations

Guardians of Clean Air and Water

Pennsylvania’s Cooperative Approach

The EPA's CAA and CWA set national ambient air quality and discharge restrictions. Under the Commerce and Necessary and Proper Clauses, Congress created these laws to prevent cross-state pollution, river contamination, and public health threats. Petitioning the government allows citizens and interest groups to influence rule-making, thereby promoting environmental activities protected by the First Amendment.

Federal Environmental Policies

Pennsylvania may comply with CAA and CWA under cooperative federalism via State Implementation Plans and NPDES licenses. The DEP designs pollution reduction measures, monitors water quality, and issues permits, whereas the EPA approves and enforces state programs (Environmental Protection Agency, 2021). This power-sharing paradigm aligns state laws, regulatory frameworks, and federal standards with local knowledge and federal resources to achieve environmental objectives.

Cooperative Federalism in Action

References