Act 2 has been on the books since 1995. UECA was adopted in Pennsylvania at the end of 2007. More than a few UECA covenants have been recorded as parts of Act 2 cleanups. Nevertheless, research has not revealed any decision of any Pennsylvania state or federal court or of the Environmental Hearing Board deciding whether a UECA covenant should be enforced or interpreting its terms.
LINKS
Read "No Pa. Case Has Ever Adjudicated a Claim to Enforce an Environmental Covenant Imposed Under ‘Act 2’—Does That Matter?" on The Legal Intelligencer website. (subscription required)
Click the media link below for a PDF version.
*The opinions expressed in this column are those of the author and do not necessarily reflect the views of Greenberg Traurig or its clients.