Environmental lawyers push pennsylvania to take climate action using state’s constitutional rights amendment

Two environmental lawyers who have been advocating for state-level climate action for nearly 25 years are now taking a bold new approach to force Pennsylvania’s hand on greenhouse gas reduction. Robert McKinstry and John Dernbach, who first spoke about filling federal climate policy gaps at a Penn State University conference in the late 1990s, have filed a petition citing the state’s environmental rights amendment to compel government action on climate change.

The lawyers’ new legal strategy represents a significant shift from their early advocacy work. “At that point, we had plenty of time,” McKinstry reflected, referring to those initial discussions about state climate policy decades ago. However, after watching numerous missed opportunities to meaningfully curb greenhouse gas emissions, the duo is now arguing that Pennsylvania has a constitutional obligation to combat climate change.

Their petition leverages Pennsylvania’s Environmental Rights Amendment, which guarantees residents the right to clean air, pure water, and a healthy environment. By framing climate action as a constitutional requirement rather than a policy choice, the lawyers are attempting to create legal precedent that could force the state to implement stronger emissions reduction measures. This approach reflects a growing trend among environmental advocates who are turning to constitutional and rights-based arguments when traditional legislative and regulatory pathways prove insufficient.

The case could have far-reaching implications for how states approach climate policy, particularly in regions where federal climate action has historically been limited or inconsistent. If successful, it might provide a roadmap for similar constitutional challenges in other states with environmental rights provisions.