1 00:00:00,066 --> 00:00:05,100 ♪ 2 00:00:05,100 --> 00:00:05,700 >>> THE COMMONWEALTH OF 3 00:00:05,700 --> 00:00:07,466 PENNSYLVANIA WAS AMONG THE FIRST 4 00:00:07,466 --> 00:00:09,200 GOVERNMENTS IN THE WORLD TO SAY 5 00:00:09,200 --> 00:00:10,800 EVERYONE HAS A CONSTITUTIONAL 6 00:00:10,800 --> 00:00:13,133 RIGHT TO A HEALTHY ENVIRONMENT. 7 00:00:13,133 --> 00:00:15,966 >> FOR A HUNDRED YEARS AFTER THE 8 00:00:15,966 --> 00:00:18,300 CIVIL WAR, THE STATE GOVERNMENT 9 00:00:18,300 --> 00:00:20,000 OF PENNSYLVANIA WAS PRETTY MUCH 10 00:00:20,000 --> 00:00:21,266 CONTROLLED BY THE RAILROAD 11 00:00:21,266 --> 00:00:22,000 INDUSTRY, THE STEEL INDUSTRY AND 12 00:00:22,000 --> 00:00:24,600 THE COAL INDUSTRY. 13 00:00:24,600 --> 00:00:27,966 THEY WERE A ACCOMPLICES TO THIS. 14 00:00:27,966 --> 00:00:30,300 ALL THIS EXPLOITATION. 15 00:00:30,300 --> 00:00:31,133 >> THE ENVIRONMENTAL RIGHTS 16 00:00:31,133 --> 00:00:32,400 AMENDMENT WAS ADDED TO THE STATE 17 00:00:32,400 --> 00:00:35,200 CONSTITUTION IN 1971 AS ARTICLE 18 00:00:35,200 --> 00:00:44,766 ONE, SECTION 27. 19 00:00:44,766 --> 00:00:45,466 >> THE PEOPLE HAVE A RIGHT TO 20 00:00:45,466 --> 00:00:46,200 CLEAN AIR, PURE WATER AND TO THE 21 00:00:46,200 --> 00:00:47,800 PRESERVATION OF THE NATURAL, 22 00:00:47,800 --> 00:00:50,033 SCENIC, HISTORIC AND AESTHETIC 23 00:00:50,033 --> 00:00:54,066 VALUES OF THE ENVIRONMENT. 24 00:00:54,066 --> 00:00:55,766 PENNSYLVANIA'S NATURAL RESOURCES 25 00:00:55,766 --> 00:00:58,000 ARE THE COMMON PROPERTY OF ALL 26 00:00:58,000 --> 00:00:59,533 THE PEOPLE, INCLUDING 27 00:00:59,533 --> 00:01:01,500 GENERATIONS YET TO COME. 28 00:01:01,500 --> 00:01:03,366 AS TRUSTEE OF THESE RECOURSES, 29 00:01:03,366 --> 00:01:05,200 THE COMMONWEALTH SHALL CONSERVE 30 00:01:05,200 --> 00:01:06,800 AND MAINTAIN THEM FOR THE 31 00:01:06,800 --> 00:01:13,266 BENEFIT OF ALL THE PEOPLE. 32 00:01:13,266 --> 00:01:16,033 >> BUT, FOR DECADES, THE WORDS 33 00:01:16,033 --> 00:01:18,766 LAY LIFELESS ON THE PAGE. 34 00:01:18,766 --> 00:01:20,600 >> SO, I WAS HOPEFUL THAT THE 35 00:01:20,600 --> 00:01:22,433 COURTS WOULD DO SOMETHING WITH 36 00:01:22,433 --> 00:01:22,700 IT. 37 00:01:22,700 --> 00:01:24,466 BUT, UNFORTUNATELY, THE COURTS 38 00:01:24,466 --> 00:01:25,400 DID NOT READ THE ENGLISH 39 00:01:25,400 --> 00:01:26,933 LANGUAGE. 40 00:01:26,933 --> 00:01:28,333 >> BUT THINGS ARE CHANGING, AS 41 00:01:28,333 --> 00:01:29,200 FRACKING TRANSFORMED 42 00:01:29,200 --> 00:01:30,766 PENNSYLVANIA'S RURAL LANDSCAPES, 43 00:01:30,766 --> 00:01:32,800 IT'S UNEXPECTEDLY LED TO A SHIFT 44 00:01:32,800 --> 00:01:33,800 IN THE LEGAL LANDSCAPE TOO. 45 00:01:33,800 --> 00:01:36,266 RECENT STATE SUPREME COURT CASES 46 00:01:36,266 --> 00:01:37,466 DEALING WITH GAS DRILLING ARE 47 00:01:37,466 --> 00:01:39,033 BREATHING NEW LIFE INTO THE 48 00:01:39,033 --> 00:01:39,533 AMENDMENT. 49 00:01:39,533 --> 00:01:40,633 PEOPLE WHO FELT POWERLESS 50 00:01:40,633 --> 00:01:42,300 AGAINST INDUSTRIAL POLLUTION MAY 51 00:01:42,300 --> 00:01:43,866 BE GAINING AN ALLY. 52 00:01:43,866 --> 00:01:45,066 >> AND SO, THIS ENVIRONMENTAL 53 00:01:45,066 --> 00:01:46,300 RIGHTS AMENDMENT BECOMES A 54 00:01:46,300 --> 00:01:47,800 REALLY IMPORTANT BECOMES A 55 00:01:47,800 --> 00:01:49,000 REALLY IMPORTANT TOOL FOR 56 00:01:49,000 --> 00:01:50,500 PROTECTING OUR CHILDREN AND OUR 57 00:01:50,500 --> 00:01:51,800 CHILDREN'S CHILDREN. 58 00:01:51,800 --> 00:01:52,800 FOR TAKING ON SOME OF THOSE 59 00:01:52,800 --> 00:01:54,133 BIGGER PICTURE ISSUES, LIKE 60 00:01:54,133 --> 00:01:55,666 CLIMATE CHANGE, THAT ARE SO 61 00:01:55,666 --> 00:01:57,600 EASILY IGNORED AND DISMISSED BY 62 00:01:57,600 --> 00:02:00,566 GOVERNMENT OFFICIALS TODAY. 63 00:02:00,566 --> 00:02:01,433 >> BUT, THE REVITALIZED 64 00:02:01,433 --> 00:02:02,900 AMENDMENT IS ON A COLLISION 65 00:02:02,900 --> 00:02:04,833 COURSE WITH BUSINESSES. 66 00:02:04,833 --> 00:02:06,200 >> I DON'T THINK THAT IT'S 67 00:02:06,200 --> 00:02:08,300 EITHER LOGICAL OR LEGALLY 68 00:02:08,300 --> 00:02:09,699 CORRECT TO ARGUE, THAT PRIOR TO 69 00:02:09,699 --> 00:02:12,766 1971, PEOPLE DIDN'T HAVE A RIGHT 70 00:02:12,766 --> 00:02:14,233 TO CLEAN AIR OR PURE WATER. 71 00:02:14,233 --> 00:02:15,633 WHAT HAS GOTTEN LOST IN THESE 72 00:02:15,633 --> 00:02:18,666 DISCUSSION IS OUR PROPERTY 73 00:02:18,666 --> 00:02:22,633 RIGHTS. 74 00:02:22,633 --> 00:02:25,566 >> WHAT'S PLAYING OUT IN COURT 75 00:02:25,566 --> 00:02:27,433 ROOMS, BOARD ROOMS AND PUBLIC 76 00:02:27,433 --> 00:02:28,400 MEETINGS ACROSS PENNSYLVANIA 77 00:02:28,400 --> 00:02:29,200 COULD CHANGE THE WAY PEOPLE 78 00:02:29,200 --> 00:02:30,433 RELATE TO THE NATURAL WORLD. 79 00:02:30,433 --> 00:02:32,166 >> WE'VE GROWN, ALMOST, TO BEING 80 00:02:32,166 --> 00:02:33,333 IMMUNE FROM BELIEF THAT THERE IS 81 00:02:33,333 --> 00:02:34,366 FRAGILITY TO THIS EARTH. 82 00:02:34,366 --> 00:02:35,400 WE ARE NOT ATTACHED TO THE 83 00:02:35,400 --> 00:02:36,833 NATURAL RESOURCES EVEN THOUGH WE 84 00:02:36,833 --> 00:02:37,866 ARE SURROUNDED BY THAT AND WE'RE 85 00:02:37,866 --> 00:02:39,800 A PART OF THEM. 86 00:02:39,800 --> 00:02:40,866 AND THAT'S SOMETHING THAT NEEDS 87 00:02:40,866 --> 00:02:42,333 TO BE ADDRESSED ON LEVELS EVEN 88 00:02:42,333 --> 00:02:43,766 DEEPER THAN POLITICAL AND SOCIAL 89 00:02:43,766 --> 00:02:45,833 AND CULTURAL. 90 00:02:45,833 --> 00:02:50,000 CITIZENS REALLY NEED TO SPEAK UP 91 00:02:50,000 --> 00:02:52,333 AND REALLY ASK THE GOVERNMENT, 92 00:02:52,333 --> 00:02:53,033 áLOOK AT THE COMMON INTEREST.á 93 00:02:53,033 --> 00:02:54,533 AND CERTAINLY THERE'S NOTHING 94 00:02:54,533 --> 00:02:56,866 MORE DEMOCRATIZING THAN THE AIR. 95 00:02:56,866 --> 00:02:58,233 WE SHARE THE WATER. 96 00:02:58,233 --> 00:03:00,633 WE SHARE THE PUBLIC LANDS AND 97 00:03:00,633 --> 00:03:01,300 THE LOCAL PARKS THAT WE ALL 98 00:03:01,300 --> 00:03:12,500 DEPEND ON. 99 00:03:12,500 --> 00:03:14,233 >> MAJOR FUNDING FOR 100 00:03:14,233 --> 00:03:16,300 áGENERATIONS YET TO COME, 101 00:03:16,300 --> 00:03:17,300 ENVIRONMENT RIGHTS IN 102 00:03:17,300 --> 00:03:20,100 PENNSYLVANIAá, IS PROVIDED BY 103 00:03:20,100 --> 00:03:20,733 THE CORPORATION FOR PUBLIC 104 00:03:20,733 --> 00:03:21,466 BROADCASTING AND BY VIEWERS LIKE 105 00:03:21,466 --> 00:03:36,300 YOU. THANK YOU. 106 00:03:36,300 --> 00:03:39,266 >> THE SHAMOKIN CREEK WAS STILL 107 00:03:39,266 --> 00:03:45,333 RUNNING BLACK. 108 00:03:45,333 --> 00:03:46,066 IN SUNBURY IN THOSE DAYS, A JOKE 109 00:03:46,066 --> 00:03:46,633 WAS, áIF YOU FALL INTO 110 00:03:46,633 --> 00:03:49,200 SHAMOKIN CREEK, DON'T WORRY 111 00:03:49,200 --> 00:03:51,600 ABOUT DROWNING. 112 00:03:51,600 --> 00:03:52,333 YOU'LL DISSOLVE BEFORE YOU HAVE 113 00:03:52,333 --> 00:03:55,300 A CHANCE TO DROWN.á 114 00:03:55,300 --> 00:03:56,000 >> KURY GREW UP IN 115 00:03:56,000 --> 00:03:56,966 PENNSYLVANIA'S ANTHRACITE COAL 116 00:03:56,966 --> 00:03:58,100 REGION. 117 00:03:58,100 --> 00:03:59,166 AS A CHILD, HE WITNESSED THE 118 00:03:59,166 --> 00:04:01,400 DESTRUCTION MINING LEFT BEHIND. 119 00:04:01,400 --> 00:04:04,566 >> WHEN I WAS A KID, MY PARENTS 120 00:04:04,566 --> 00:04:05,933 TOOK ME UP TO VISIT THEIR 121 00:04:05,933 --> 00:04:07,100 PARENTS, WHO LIVED ON 122 00:04:07,100 --> 00:04:08,866 WEST LLOYD STREET IN SHENANDOAH. 123 00:04:08,866 --> 00:04:10,366 SO, WE WENT UP THERE A LOT OF 124 00:04:10,366 --> 00:04:13,333 WEEKENDS. 125 00:04:13,333 --> 00:04:14,533 AND I WAS JUST A KID. 126 00:04:14,533 --> 00:04:16,033 I DIDN'T THINK MUCH OF LAW, BUT 127 00:04:16,033 --> 00:04:18,666 I DID NOTICE THAT THEIR HOUSE 128 00:04:18,666 --> 00:04:20,666 WAS ONLY A HUNDRED FROM A LARGE 129 00:04:20,666 --> 00:04:23,666 COAL BANK, A HUGE COAL BANK. 130 00:04:23,666 --> 00:04:26,733 AND IN FRONT OF THEM WAS STREAM 131 00:04:26,733 --> 00:04:29,766 THAT BLACK AS THE ACE OF SPADES. 132 00:04:29,766 --> 00:04:31,833 AND I NEVER QUITE GET OVER THAT. 133 00:04:31,833 --> 00:04:32,800 >> HE EARNED A LAW DEGREE FROM 134 00:04:32,800 --> 00:04:34,466 THE UNIVERSITY OF PENNSYLVANIA, 135 00:04:34,466 --> 00:04:35,833 AND ONE OF HIS FIRST JOBS WAS 136 00:04:35,833 --> 00:04:37,400 DOING TITLE SEARCHES. 137 00:04:37,400 --> 00:04:38,366 HE STILL REMEMBERS ONE DEED HE 138 00:04:38,366 --> 00:04:40,500 FOUND. 139 00:04:40,500 --> 00:04:42,633 >> RIGHT AT THE BOTTOM OF THIS 140 00:04:42,633 --> 00:04:44,900 DEED, áTHE COAL COMPANY RESERVES 141 00:04:44,900 --> 00:04:46,366 THE RIGHT FOR ITS SELF AND IT 142 00:04:46,366 --> 00:04:48,400 HEIRS FOR EVER TO DISCHARGE INTO 143 00:04:48,400 --> 00:04:50,066 THE WATERS OF ANY STREAMS THAT 144 00:04:50,066 --> 00:04:52,900 GO THROUGH THE LAND OR THEIR 145 00:04:52,900 --> 00:04:55,966 TRIBUTARIES, THE REFUSE, THE 146 00:04:55,966 --> 00:05:00,733 COAL, THE SLATE, THE COAL DIRT.á 147 00:05:00,733 --> 00:05:02,866 I WAS STUNNED THAT THE COAL 148 00:05:02,866 --> 00:05:05,866 COMPANIES COULD CLAIM THIS. 149 00:05:05,866 --> 00:05:07,000 WELL, I LEARNED THEN THAT THE 150 00:05:07,000 --> 00:05:12,900 COAL COMPANIES HAD A LOT OF 151 00:05:12,900 --> 00:05:13,200 POWER. 152 00:05:13,200 --> 00:05:13,866 >> WHEN HE WAS 29, A FRIEND 153 00:05:13,866 --> 00:05:14,566 ENCOURAGED HIM TO RUN FOR THE 154 00:05:14,566 --> 00:05:15,300 STATE HOUSE OF REPRESENTATIVES. 155 00:05:15,300 --> 00:05:16,133 IN A MAJOR UPSET, THE YOUNG 156 00:05:16,133 --> 00:05:16,866 DEMOCRAT BEAT A POWERFUL 157 00:05:16,866 --> 00:05:17,433 REPUBLICAN INCUMBENT, 158 00:05:17,433 --> 00:05:18,933 ADAM BOWER, WHO HAD BEEN IN 159 00:05:18,933 --> 00:05:21,500 OFFICE FOR NEARLY THREE DECADES. 160 00:05:21,500 --> 00:05:22,766 BOWER HAD VOTED AGAINST A NEW 161 00:05:22,766 --> 00:05:24,166 LAW THAT BROUGHT COAL COMPANIES 162 00:05:24,166 --> 00:05:25,600 UNDER THE STATE'S CLEAN STREAMS 163 00:05:25,600 --> 00:05:26,500 LAW. 164 00:05:26,500 --> 00:05:27,800 >> I RAN ON THE ISSUE OF CLEAN 165 00:05:27,800 --> 00:05:30,066 STREAMS. 166 00:05:30,066 --> 00:05:31,633 THAT WAS THE WHOLE POINT OF MY 167 00:05:31,633 --> 00:05:32,866 CAMPAIGN. 168 00:05:32,866 --> 00:05:34,633 AND MY WIFE ELIZABETH HAD A 169 00:05:34,633 --> 00:05:36,433 BRILLIANT IDEA. 170 00:05:36,433 --> 00:05:37,833 SHE SAID, áWHY DON'T YOU GO DOWN 171 00:05:37,833 --> 00:05:40,433 TO SHAMOKEN CREEK, GET A BOTTLE 172 00:05:40,433 --> 00:05:42,500 OF WATER FROM THAT AND HOLD IT 173 00:05:42,500 --> 00:05:44,833 UP WITH ONE HAND AND A JAR OF 174 00:05:44,833 --> 00:05:46,600 WATER FROM THE SINK, WHICH IS 175 00:05:46,600 --> 00:05:48,433 CLEAN IN THE OTHER, AND USE THAT 176 00:05:48,433 --> 00:05:50,133 AS YOUR AD TO GIVE THE PEOPLE 177 00:05:50,133 --> 00:05:51,866 AND SAY, áTHIS IS YOUR CHOICE. 178 00:05:51,866 --> 00:05:52,533 YOU CAN HAVE CLEAN WATER OR 179 00:05:52,533 --> 00:05:53,600 DIRTY WATER. 180 00:05:53,600 --> 00:05:56,000 I'M FOR CLEAN WATER.á 181 00:05:56,000 --> 00:05:58,433 AND WHEN I GOT THERE, THEY PUT 182 00:05:58,433 --> 00:06:00,366 ME ON THE CONSERVATION COMMITTEE 183 00:06:00,366 --> 00:06:01,133 BECAUSE I HAD SCORED THE BIG 184 00:06:01,133 --> 00:06:02,266 UPSET OF THE ELECTION. 185 00:06:02,266 --> 00:06:05,000 ONE SATURDAY MORNING, I WAS AT 186 00:06:05,000 --> 00:06:06,066 HOME READING THE NEW YORK TIMES, 187 00:06:06,066 --> 00:06:09,733 AND I SAW A STORY THAT THE STATE 188 00:06:09,733 --> 00:06:11,000 LEGISLATURE OF NEW YORK HAD 189 00:06:11,000 --> 00:06:12,933 PROPOSED AN AMENDMENT TO THE 190 00:06:12,933 --> 00:06:14,300 NEW YORK STATE CONSTITUTION 191 00:06:14,300 --> 00:06:16,966 DEALING WITH FOREST LANDS. 192 00:06:16,966 --> 00:06:20,733 THAT'S WHEN IT HIT ME. 193 00:06:20,733 --> 00:06:21,600 ALL THE PESTS. 194 00:06:21,600 --> 00:06:23,333 THE COAL COMPANIES, SMOKE AND 195 00:06:23,333 --> 00:06:24,766 CREEK. 196 00:06:24,766 --> 00:06:26,766 WHAT WE WERE DOING. 197 00:06:26,766 --> 00:06:28,066 IT ALL HIT ME. 198 00:06:28,066 --> 00:06:29,833 WE NEED MORE THAN THESE BILLS. 199 00:06:29,833 --> 00:06:30,600 WE NEED A CONSTITUTIONAL 200 00:06:30,600 --> 00:06:31,666 AMENDMENT. 201 00:06:31,666 --> 00:06:32,933 WHY SHOULDN'T WE HAVE ONE. 202 00:06:32,933 --> 00:06:34,500 >> WORKING WITH OTHER 203 00:06:34,500 --> 00:06:35,266 ENVIRONMENTAL ADVOCATES, KURY 204 00:06:35,266 --> 00:06:37,100 INTRODUCED IT IN 1969. 205 00:06:37,100 --> 00:06:39,600 >> THIS AMENDMENT, I SAY THREE 206 00:06:39,600 --> 00:06:41,100 THINGS. 207 00:06:41,100 --> 00:06:42,500 AND I'LL SAY THAT THE PEOPLE OF 208 00:06:42,500 --> 00:06:43,266 PENNSYLVANIA HAVE A RIGHT TO A 209 00:06:43,266 --> 00:06:46,000 DECENT ENVIRONMENT. 210 00:06:46,000 --> 00:06:49,366 AND THE PUBLIC NATURAL RESOURCES 211 00:06:49,366 --> 00:06:51,266 OF THE STATE BELONG TO ALL THE 212 00:06:51,266 --> 00:06:51,966 PEOPLE, INCLUDING GENERATIONS 213 00:06:51,966 --> 00:06:53,833 YET TO COME. 214 00:06:53,833 --> 00:06:54,866 AND THIRDLY, THE STATE 215 00:06:54,866 --> 00:06:56,133 GOVERNMENT SHOULD BE THE TRUSTEE 216 00:06:56,133 --> 00:06:57,633 OF THESE RESOURCES FOR FUTURE 217 00:06:57,633 --> 00:07:02,533 GENERATIONS. 218 00:07:02,533 --> 00:07:03,400 >> EVEN BACK AT THAT TIME, 219 00:07:03,400 --> 00:07:05,033 STATUTES WERE ONE THING. 220 00:07:05,033 --> 00:07:07,000 STATUTES WERE PASSED ALL THE 221 00:07:07,000 --> 00:07:08,133 TIME, BUT TO DO A CONSTITUTIONAL 222 00:07:08,133 --> 00:07:10,266 AMENDMENT, THAT REQUIRED 223 00:07:10,266 --> 00:07:11,633 ADDITIONAL VIGOR AND ADDITIONAL 224 00:07:11,633 --> 00:07:14,100 THOUGHT. 225 00:07:14,100 --> 00:07:18,633 YOU DON'T JUST -- MESS WITH THE 226 00:07:18,633 --> 00:07:21,000 CONSTITUTION OF PENNSYLVANIA 227 00:07:21,000 --> 00:07:22,433 WILLY NILLY. 228 00:07:22,433 --> 00:07:23,166 IT TAKES A GREAT DEAL OF 229 00:07:23,166 --> 00:07:24,100 THOUGHT. 230 00:07:24,100 --> 00:07:28,400 THAT'S WHY IT REQUIRES TWO 231 00:07:28,400 --> 00:07:29,800 SESSIONS OF THE GENERAL 232 00:07:29,800 --> 00:07:34,166 ASSEMBLY. 233 00:07:34,166 --> 00:07:40,866 IT'S WHY IT REQUIRES A 234 00:07:40,866 --> 00:07:41,433 REFERENDUM. 235 00:07:41,433 --> 00:07:42,766 >> IT WENT THROUGH A NUMBER OF 236 00:07:42,766 --> 00:07:43,633 CHANGES BEFORE HEADING TO PUBLIC 237 00:07:43,633 --> 00:07:44,200 ON A BALLOT IN 1971. 238 00:07:44,200 --> 00:07:45,166 >> AND I WAS THRILLED BECAUSE IT 239 00:07:45,166 --> 00:07:48,900 PASSED 4-1. 240 00:07:48,900 --> 00:07:49,600 A MILLION PEOPLE VOTED FOR IT 241 00:07:49,600 --> 00:07:50,300 AND ONLY 250,000 VOTED AGAINST 242 00:07:50,300 --> 00:07:50,866 IT. 243 00:07:50,866 --> 00:07:51,600 THERE ARE FOUR OTHER AMENDMENTS 244 00:07:51,600 --> 00:07:52,333 ON THE BALLOT THAT DAY, 245 00:07:52,333 --> 00:07:53,266 INCLUDING WOMEN'S RIGHTS. 246 00:07:53,266 --> 00:07:54,366 AND WITH ALL DUE RESPECT, THEY 247 00:07:54,366 --> 00:07:56,466 ONLY GOT A 2-1 VOTE. 248 00:07:56,466 --> 00:08:00,866 >> ONCE YOU READ IT, YOU -- ME 249 00:08:00,866 --> 00:08:05,700 BEING A CONSERVATIONIST, IT 250 00:08:05,700 --> 00:08:06,800 SAID, áTHAT'S SELF-EVIDENT.á 251 00:08:06,800 --> 00:08:07,700 THIS IS APPLE PIE, ICE CREAM AND 252 00:08:07,700 --> 00:08:08,866 MOTHERHOOD. 253 00:08:08,866 --> 00:08:11,533 WE ALL BELIEVE THIS. 254 00:08:11,533 --> 00:08:13,700 THE AMENDMENT'S FIRST TEST CAME 255 00:08:13,700 --> 00:08:15,233 A FEW YEARS LATER IN 1973. 256 00:08:15,233 --> 00:08:21,200 THE STATE ATTORNEY GENERAL 257 00:08:21,200 --> 00:08:23,733 CHALLENGED AN OBSERVATION TOWER 258 00:08:23,733 --> 00:08:25,833 BEING BUILT BY A DEVELOPER ON 259 00:08:25,833 --> 00:08:27,533 PRIVATE LAND NEXT TO THE 260 00:08:27,533 --> 00:08:29,766 GETTYSBURG NATIONAL BATTLEFIELD. 261 00:08:29,766 --> 00:08:31,366 THE ARGUMENT WAS THAT THE TOWER 262 00:08:31,366 --> 00:08:33,333 WOULD BE AN EYE SORE AND SPOIL 263 00:08:33,333 --> 00:08:34,000 THE VIEW FOR VISITORS IN 264 00:08:34,000 --> 00:08:35,733 VIOLATION OF THE ENVIRONMENTAL 265 00:08:35,733 --> 00:08:36,633 RIGHTS AMENDMENT. 266 00:08:36,633 --> 00:08:40,500 BUT THE COURT SIDED WITH THE 267 00:08:40,500 --> 00:08:42,000 TOWER DEVELOPER. 268 00:08:42,000 --> 00:08:42,900 >> IT WAS A SUIT BY THE STATE 269 00:08:42,900 --> 00:08:43,600 AGAINST A PRIVATE PARTY WHERE 270 00:08:43,600 --> 00:08:44,900 THERE WAS NO STATE ACTION 271 00:08:44,900 --> 00:08:45,733 INVOLVED THAT ALLOWED THE 272 00:08:45,733 --> 00:08:49,333 PRIVATE PARTY TO DO WHAT IT WAS 273 00:08:49,333 --> 00:08:52,000 DOING. 274 00:08:52,000 --> 00:08:52,700 AND THE RIGHTS THAT WE HAVE IN 275 00:08:52,700 --> 00:08:53,366 THE CONSTITUTION, INCLUDING 276 00:08:53,366 --> 00:08:54,100 SECTION 27 RIGHTS, ARE RIGHTS WE 277 00:08:54,100 --> 00:08:54,766 HAVE AGAINST THE GOVERNMENT. 278 00:08:54,766 --> 00:08:55,733 AND SO -- SO, IF YOU SAY, áWELL, 279 00:08:55,733 --> 00:08:56,500 THE TOWER WAS A BAD THINGá, IN 280 00:08:56,500 --> 00:08:57,500 WHAT WAY DID THE GOVERNMENT 281 00:08:57,500 --> 00:09:00,700 APPROVE THE TOWER. 282 00:09:00,700 --> 00:09:01,900 HOW DID THE GOVERNMENT MAKE THE 283 00:09:01,900 --> 00:09:04,333 TOWER HAPPEN. 284 00:09:04,333 --> 00:09:05,666 AND THE ANSWER IS, THE 285 00:09:05,666 --> 00:09:06,400 GOVERNMENT DIDN'T DO ANYTHING. 286 00:09:06,400 --> 00:09:07,566 >> THAT SAME YEAR, IN A CASE 287 00:09:07,566 --> 00:09:09,266 KNOW AS PAYNE VERSES KASSAB, A 288 00:09:09,266 --> 00:09:10,966 GROUP OF CITIZENS SUED THE STATE 289 00:09:10,966 --> 00:09:12,566 OVER A STREET WIDENING PROJECT 290 00:09:12,566 --> 00:09:14,133 THAT CUT INTO A SMALL PUBLIC 291 00:09:14,133 --> 00:09:15,633 PARK IN WILKES-BARRE. 292 00:09:15,633 --> 00:09:16,866 THEY ARGUED IT VIOLATED THEIR 293 00:09:16,866 --> 00:09:18,466 ENVIRONMENTAL RIGHTS. 294 00:09:18,466 --> 00:09:20,000 >> NOW, THE COURTS LOOKED AT 295 00:09:20,000 --> 00:09:21,833 THAT AND SAID, áWELL, THIS ISN'T 296 00:09:21,833 --> 00:09:23,066 A VERY IMPORTANT CASE. 297 00:09:23,066 --> 00:09:23,900 THIS IS JUST LITTLE, BITTY 298 00:09:23,900 --> 00:09:25,033 THING. 299 00:09:25,033 --> 00:09:26,833 AND IT'S GOING FROM ONE PUBLIC 300 00:09:26,833 --> 00:09:29,233 USE TO ANOTHER PUBLIC USE.á 301 00:09:29,233 --> 00:09:30,433 AND COMMONWEALTH COURT GOT 302 00:09:30,433 --> 00:09:31,500 CONCERNED THAT IF THIS IS THE 303 00:09:31,500 --> 00:09:32,433 KIND OF THING SECTION 27 MEANT, 304 00:09:32,433 --> 00:09:35,633 THEN SECTION 27 HAD TO BE 305 00:09:35,633 --> 00:09:38,800 ANTI-DEVELOPMENT. 306 00:09:38,800 --> 00:09:39,966 THE EARLY CASES UNDER SECTION 307 00:09:39,966 --> 00:09:43,733 27 WERE CASES THAT SCARED THE 308 00:09:43,733 --> 00:09:45,833 COURTS, FRANKLY. 309 00:09:45,833 --> 00:09:46,566 >> THE JUSTICES DEVELOPED A NEW 310 00:09:46,566 --> 00:09:47,300 WAY OF REVIEWING CLAIMS BROUGHT 311 00:09:47,300 --> 00:09:48,000 UNDER THE ENVIRONMENTAL RIGHTS 312 00:09:48,000 --> 00:09:49,100 AMENDMENT. 313 00:09:49,100 --> 00:09:50,033 IT BECAME KNOWN AS THE 314 00:09:50,033 --> 00:09:50,933 PAYNE VERSES KASSAB TEST. 315 00:09:50,933 --> 00:09:51,866 DERNBACH SAYS IT LIMITED THE 316 00:09:51,866 --> 00:09:52,566 POWER OF THE AMENDMENT FOR 317 00:09:52,566 --> 00:09:55,500 DECADES TO COME. 318 00:09:55,500 --> 00:09:58,266 >> WHAT THEY WERE DOING 319 00:09:58,266 --> 00:10:00,100 EFFECTIVELY IS SIGNALING THAT 320 00:10:00,100 --> 00:10:01,100 THEY WERE GOING TO BE MOVING 321 00:10:01,100 --> 00:10:03,266 FROM THE TEXT, TO IT, A LEGAL 322 00:10:03,266 --> 00:10:06,633 TEST THAT THEY THEMSELVES WROTE. 323 00:10:06,633 --> 00:10:07,833 AND SO THEY SAID, FROM NOW ON, 324 00:10:07,833 --> 00:10:08,900 JUDICIAL REVIEW UNDER 325 00:10:08,900 --> 00:10:11,066 SECTION 27 IS GONNA BE A SUBJECT 326 00:10:11,066 --> 00:10:12,333 OF THIS THREE-PART BALANCING 327 00:10:12,333 --> 00:10:14,666 TEST THAT WE'RE WRITING. 328 00:10:14,666 --> 00:10:16,100 AND ALTHOUGH THEY DIDN'T SAY SO, 329 00:10:16,100 --> 00:10:18,366 IT REALLY DOESN'T HAVE MUCH, IF 330 00:10:18,366 --> 00:10:19,666 ANYTHING TO DO WITH THE TEXT OF 331 00:10:19,666 --> 00:10:20,533 THE CONSTITUTION ITSELF. 332 00:10:20,533 --> 00:10:21,866 >> IN THE 1990s, DERNBACH BEGAN 333 00:10:21,866 --> 00:10:23,400 RESEARCHING THE HISTORY OF THE 334 00:10:23,400 --> 00:10:24,333 ENVIRONMENTAL RIGHTS AMENDMENT. 335 00:10:24,333 --> 00:10:25,366 HE WAS SURPRISED TO LEARN THE 336 00:10:25,366 --> 00:10:26,766 LEGISLATURE HAD REWORKED THE 337 00:10:26,766 --> 00:10:29,766 LANGUAGE SEVERAL TIMES BEFORE IT 338 00:10:29,766 --> 00:10:31,866 PASSED. 339 00:10:31,866 --> 00:10:35,000 >> AND SO, A VAST GAP BETWEEN 340 00:10:35,000 --> 00:10:36,466 THE TEXT OF THE CONSTITUTION AND 341 00:10:36,466 --> 00:10:38,866 WHAT WAS ORIGINALLY INTENDED BY 342 00:10:38,866 --> 00:10:45,933 FRANKLIN KURY IN PARTICULAR TO 343 00:10:45,933 --> 00:10:46,566 SORT OF SET OUT WHAT THIS 344 00:10:46,566 --> 00:10:47,233 CONSTITUTIONAL AMENDMENT WAS 345 00:10:47,233 --> 00:10:47,733 SUPPOSED TO MEAN. 346 00:10:47,733 --> 00:10:48,433 ON ONE HAND, AND ALL THE CASES 347 00:10:48,433 --> 00:10:49,133 THAT WERE BEING DECIDED UNDER 348 00:10:49,133 --> 00:10:51,066 THIS PAYNE VERSUS KASSAB 349 00:10:51,066 --> 00:10:52,333 BALANCING TEST ON THE OTHER. 350 00:10:52,333 --> 00:10:53,233 THE GAP WAS QUITE LARGE. 351 00:10:53,233 --> 00:10:55,333 IN OTHER WORDS, I SAW A WORLD 352 00:10:55,333 --> 00:10:56,166 THAT REALLY NO ONE ELSE HAD BEEN 353 00:10:56,166 --> 00:10:57,633 LOOKING AT. 354 00:10:57,633 --> 00:10:58,500 >> HIS RESEARCH WOULD LATER FUEL 355 00:10:58,500 --> 00:10:59,233 THE AMENDMENTS RESURGENCE. 356 00:10:59,233 --> 00:11:02,400 ♪ 357 00:11:02,400 --> 00:11:04,700 AROUND 2008 AND SEEMINGLY 358 00:11:04,700 --> 00:11:05,966 OVERNIGHT, FRACKING PUT 359 00:11:05,966 --> 00:11:09,766 PENNSYLVANIA IN THE GLOBAL 360 00:11:09,766 --> 00:11:11,500 SPOTLIGHT AS A MAJOR PRODUCER OF 361 00:11:11,500 --> 00:11:12,766 NATURAL GAS. 362 00:11:12,766 --> 00:11:17,000 THE SURGEON DRILLING BROUGHT NEW 363 00:11:17,000 --> 00:11:18,533 JOBS AND WEALTH. 364 00:11:18,533 --> 00:11:19,233 IT ALSO LED TO MORE POLLUTION 365 00:11:19,233 --> 00:11:19,933 AND DISRUPTION IN RURAL AREAS. 366 00:11:19,933 --> 00:11:20,666 THE LEGAL LANDSCAPE WAS ABOUT TO 367 00:11:20,666 --> 00:11:21,400 SHIFT. 368 00:11:21,400 --> 00:11:23,500 ♪ 369 00:11:23,500 --> 00:11:25,000 IN 2012, A GROUP OF CITIZENS, 370 00:11:25,000 --> 00:11:25,966 LOCAL GOVERNMENTS, AND AN 371 00:11:25,966 --> 00:11:27,733 ENVIRONMENTAL GROUP SEWED OVER A 372 00:11:27,733 --> 00:11:30,300 NEW STATE LAW, KNOWN AS ACT 13, 373 00:11:30,300 --> 00:11:31,466 THAT ALLOWED OIL AND GAS 374 00:11:31,466 --> 00:11:33,033 COMPANIES TO DRILL VIRTUALLY 375 00:11:33,033 --> 00:11:34,833 ANYWHERE IN PENNSYLVANIA. 376 00:11:34,833 --> 00:11:35,933 EVEN IN PLACES ZONED AS 377 00:11:35,933 --> 00:11:42,833 RESIDENTIAL AREAS. 378 00:11:42,833 --> 00:11:43,566 >> HI, NAME'S BRIAN COPPOLA, AND 379 00:11:43,566 --> 00:11:44,500 I LIVE OUT HERE IN 380 00:11:44,500 --> 00:11:45,500 ROBINSON TOWNSHIP, WASHINGTON 381 00:11:45,500 --> 00:11:46,933 COUNTY. 382 00:11:46,933 --> 00:11:47,733 AND MY WIFE AND I HAVE LIVED OUT 383 00:11:47,733 --> 00:11:48,766 HERE FOR APPROXIMATELY 30 YEARS. 384 00:11:48,766 --> 00:11:54,066 IT'S BEEN PRETTY NICE. 385 00:11:54,066 --> 00:11:55,500 NICE COUNTRY LIVING, NICE 386 00:11:55,500 --> 00:11:55,866 NEIGHBORS. 387 00:11:55,866 --> 00:11:56,600 YOU KNOW, WE BOTH GREW UP AROUND 388 00:11:56,600 --> 00:11:57,333 THE CITY, SO WE WANTED TO RAISE 389 00:11:57,333 --> 00:11:58,033 OUR KIDS IN A NICE ATMOSPHERE. 390 00:11:58,033 --> 00:11:58,900 >> COPPOLA WAS ONE OF THE 391 00:11:58,900 --> 00:11:59,600 PLAINTIFFS IN THE CASE, WHICH 392 00:11:59,600 --> 00:12:00,200 BECAME KNOWN AS 393 00:12:00,200 --> 00:12:00,700 ROBINSON TOWNSHIP 394 00:12:00,700 --> 00:12:01,233 VERSUS COMMONWEALTH. 395 00:12:01,233 --> 00:12:02,533 AT THE TIME, HE WAS A SUPERVISOR 396 00:12:02,533 --> 00:12:03,800 FOR THE TOWNSHIP. 397 00:12:03,800 --> 00:12:05,400 >> AT THE TIME I WAS AWARE THAT 398 00:12:05,400 --> 00:12:07,366 SECTION 27 EXISTED IN OUR BILL 399 00:12:07,366 --> 00:12:08,233 OF RIGHTS, BUT I ALSO UNDERSTOOD 400 00:12:08,233 --> 00:12:09,233 THAT THE PRIMARY ENFORCEMENT 401 00:12:09,233 --> 00:12:10,366 MECHANISM FOR ALL THOSE RIGHTS 402 00:12:10,366 --> 00:12:11,333 WHEN IT PERTAINED TO LAND USE 403 00:12:11,333 --> 00:12:12,366 WAS ZONING. 404 00:12:12,366 --> 00:12:14,233 SO, OUR PRIMARY ARGUMENT BEGAN 405 00:12:14,233 --> 00:12:15,800 AS ZONING AND THE CONSTITUTIONAL 406 00:12:15,800 --> 00:12:16,933 PROTECTIONS THAT IT AFFORDED US. 407 00:12:16,933 --> 00:12:18,633 >> BACK THEN, PATRICK HENDERSON 408 00:12:18,633 --> 00:12:19,666 WAS A SENIOR ENERGY ADVISOR TO 409 00:12:19,666 --> 00:12:20,833 GOVERNOR TOM CORBETT. 410 00:12:20,833 --> 00:12:21,733 HE -- CLOSELY WITH THE 411 00:12:21,733 --> 00:12:23,833 LEGISLATURE ON CRAFTING ACT 13. 412 00:12:23,833 --> 00:12:25,266 HE SAYS THE ENVIRONMENTAL RIGHTS 413 00:12:25,266 --> 00:12:28,966 AMENDMENT WAS ON THEIR MIND AND 414 00:12:28,966 --> 00:12:30,266 THAT THE NEW LAW DID INCLUDE 415 00:12:30,266 --> 00:12:31,466 MANY REQUIREMENTS FOR DRILLERS 416 00:12:31,466 --> 00:12:32,500 LIKE SETBACKS FROM WATERWAYS, 417 00:12:32,500 --> 00:12:34,400 BUT HE SAYS THE ZONING CHANGES 418 00:12:34,400 --> 00:12:36,400 WERE AN EFFORT TO CREATE 419 00:12:36,400 --> 00:12:37,266 UNIFORMITY FOR THE DRILLING 420 00:12:37,266 --> 00:12:39,300 INDUSTRY. 421 00:12:39,300 --> 00:12:41,066 >> I THINK RECOGNIZING WE ARE A 422 00:12:41,066 --> 00:12:42,600 COMMONWEALTH OF 67 COUNTIES AND 423 00:12:42,600 --> 00:12:47,300 2,500 MUNICIPALITIES. 424 00:12:47,300 --> 00:12:49,400 AND THAT, YOU KNOW, OTHER 425 00:12:49,400 --> 00:12:50,700 INDUSTRIES WHO HAD BEEN IN 426 00:12:50,700 --> 00:12:52,800 PENNSYLVANIA RECOGNIZED THAT 427 00:12:52,800 --> 00:12:53,833 GOING FROM ONE MUNICIPALITY TO 428 00:12:53,833 --> 00:12:54,533 ANOTHER AND HAVING AN ENTIRELY 429 00:12:54,533 --> 00:12:55,166 DIFFERENT SET OF RULES IS 430 00:12:55,166 --> 00:12:55,566 CUMBERSOME. 431 00:12:55,566 --> 00:12:56,266 WHAT WE SAW IS SOME EXAMPLES, 432 00:12:56,266 --> 00:12:57,033 NOT A LOT, BUT WE SAW SOME 433 00:12:57,033 --> 00:12:58,200 EXAMPLES WHERE FOLKS AT THE 434 00:12:58,200 --> 00:12:59,400 LOCAL LEVEL, OR A PATCHWORK OF 435 00:12:59,400 --> 00:13:03,333 THEM, SIMPLY DID NOT WANT THIS 436 00:13:03,333 --> 00:13:08,166 ACTIVITY. 437 00:13:08,166 --> 00:13:08,800 AND THAT HAS BROUGHT 438 00:13:08,800 --> 00:13:09,900 IMPLICATIONS INCLUDING FOR 439 00:13:09,900 --> 00:13:11,200 CITIZENS WHO LIVE IN THAT 440 00:13:11,200 --> 00:13:12,066 MUNICIPALITY THAT WANT TO 441 00:13:12,066 --> 00:13:15,533 DEVELOP THEIR RIGHTS. 442 00:13:15,533 --> 00:13:18,133 AND SO, WE SAW EXAMPLES WHERE 443 00:13:18,133 --> 00:13:20,333 THEY WOULD REDEFINE WHAT 444 00:13:20,333 --> 00:13:27,366 RESIDENTIAL IS. 445 00:13:27,366 --> 00:13:28,000 >> IN THE ACT 13 CASE, THE 446 00:13:28,000 --> 00:13:28,433 CITIZENS WON. 447 00:13:28,433 --> 00:13:29,133 THE SUPREME COURT STRUCK DOWN 448 00:13:29,133 --> 00:13:29,800 SEVERAL PORTIONS OF THE LAW 449 00:13:29,800 --> 00:13:30,466 INCLUDING THE CONTROVERSIAL 450 00:13:30,466 --> 00:13:30,933 ZONING SECTION. 451 00:13:30,933 --> 00:13:31,633 >> NO MATTER WHAT THAT OIL AND 452 00:13:31,633 --> 00:13:32,366 GAS INDUSTRY SAYS, THERE'S GONNA 453 00:13:32,366 --> 00:13:33,100 BE PROBLEMS WITH IT IF IT'S NOT 454 00:13:33,100 --> 00:13:33,466 REGULATED. 455 00:13:33,466 --> 00:13:36,833 AND THAT BILL, THAT ACT 13 BILL, 456 00:13:36,833 --> 00:13:39,100 WAS A TOTAL CAPITULATION TO THE 457 00:13:39,100 --> 00:13:41,000 OIL AND GAS INDUSTRY. 458 00:13:41,000 --> 00:13:42,366 >> CASTILE HINGED THE DECISION 459 00:13:42,366 --> 00:13:43,033 ON ARTICLE 1, SECTION 27 OF 460 00:13:43,033 --> 00:13:44,933 PENNSYLVANIA'S CONSTITUTION. 461 00:13:44,933 --> 00:13:46,566 >> NO ONE REALLY LOOKED AT IT, 462 00:13:46,566 --> 00:13:47,366 ANALYZED WHAT IT MEANT, AND WHAT 463 00:13:47,366 --> 00:13:48,033 IT WAS TRYING TO PUSH AS A 464 00:13:48,033 --> 00:13:48,900 CONSTITUTIONAL LAW IN THE STATE 465 00:13:48,900 --> 00:13:51,666 OF PENNSYLVANIA. 466 00:13:51,666 --> 00:13:54,766 >> IT WAS THE FIRST TIME A COURT 467 00:13:54,766 --> 00:13:56,833 HAD USED THE ENVIRONMENTAL 468 00:13:56,833 --> 00:13:59,300 RIGHTS AMENDMENT TO NULLIFY A 469 00:13:59,300 --> 00:14:00,533 STATE LAW. 470 00:14:00,533 --> 00:14:06,066 >> AND I BELIEVE THE OIL AND GAS 471 00:14:06,066 --> 00:14:07,600 INDUSTRY PROBABLY WROTE THE BILL 472 00:14:07,600 --> 00:14:08,200 AND THEN GAVE IT TO THE 473 00:14:08,200 --> 00:14:08,600 LEGISLATURE. 474 00:14:08,600 --> 00:14:09,333 A LOT OF PEOPLE DON'T REALIZE IT 475 00:14:09,333 --> 00:14:10,000 BECAUSE ZONING IS A FACT OF 476 00:14:10,000 --> 00:14:10,300 LIFE. 477 00:14:10,300 --> 00:14:11,766 YOU KNOW, IF YOU WANNA BUILD A 478 00:14:11,766 --> 00:14:13,833 GARAGE IN YOUR BACKYARD IN A 479 00:14:13,833 --> 00:14:15,333 RESIDENTIAL AREA, YOU HAVE TO GO 480 00:14:15,333 --> 00:14:16,666 GET ZONING. 481 00:14:16,666 --> 00:14:18,733 WHAT THIS DID IS IT OVERTURNED 482 00:14:18,733 --> 00:14:21,266 ALL OF THAT -- THE ZONING LAWS, 483 00:14:21,266 --> 00:14:22,500 BUT IF YOU WANTED ONE OF THESE 484 00:14:22,500 --> 00:14:28,233 GAS WELLS, IT ALLOWED THEM TO BE 485 00:14:28,233 --> 00:14:29,033 PLACED ALMOST ANYWHERE, IN 486 00:14:29,033 --> 00:14:30,533 ESSENCE. 487 00:14:30,533 --> 00:14:31,600 NOT WITHSTANDING WHAT THE ZONING 488 00:14:31,600 --> 00:14:32,866 WAS, HOW LONG THE ZONING HAD 489 00:14:32,866 --> 00:14:33,600 BEEN THERE, SO ALL OF A SUDDEN, 490 00:14:33,600 --> 00:14:34,566 I ALWAYS SAY YOU COULD PUT ONE 491 00:14:34,566 --> 00:14:38,900 OF THESE THINGS IN A CHURCH 492 00:14:38,900 --> 00:14:39,500 PARKING LOT. 493 00:14:39,500 --> 00:14:40,166 >> THE COURT'S REASONING WAS 494 00:14:40,166 --> 00:14:42,466 UNEXPECTED TO EVERYONE INVOLVED 495 00:14:42,466 --> 00:14:42,900 IN THE CASE. 496 00:14:42,900 --> 00:14:43,600 AND IT EVEN CAME AS A SURPRISE 497 00:14:43,600 --> 00:14:44,266 TO FRANKLIN KURY, WHO STILL 498 00:14:44,266 --> 00:14:44,900 REMEMBERS COMING HOME THAT 499 00:14:44,900 --> 00:14:45,600 DECEMBER AFTERNOON AND HEARING 500 00:14:45,600 --> 00:14:46,766 THE PHONE RING. 501 00:14:46,766 --> 00:14:47,533 >> HERE, I WALK IN THE DOOR. 502 00:14:47,533 --> 00:14:48,666 I GOT A PHONE CALL FROM 503 00:14:48,666 --> 00:14:49,466 JOHN DERNBACH AND HE SAID, 504 00:14:49,466 --> 00:14:50,133 áFRANKLIN, HAVE YOU SEEN THE 505 00:14:50,133 --> 00:14:50,800 AMEND -- THE DECISION?á 506 00:14:50,800 --> 00:14:51,666 I SAY, áYEAH, AND WHAT ARE YOU 507 00:14:51,666 --> 00:14:52,466 TALKING ABOUT?á 508 00:14:52,466 --> 00:14:53,266 I DIDN'T KNOW ANYTHING ABOUT IT. 509 00:14:53,266 --> 00:14:54,066 HE SAID, áWELL, I'LL SEND IT TO 510 00:14:54,066 --> 00:14:54,933 YOU. 511 00:14:54,933 --> 00:14:55,733 YOU'LL BE SURPRISED.á 512 00:14:55,733 --> 00:14:56,733 >> KURY AND HIS WIFE, ELIZABETH, 513 00:14:56,733 --> 00:14:57,933 SPENT THE EVENING POURING OVER 514 00:14:57,933 --> 00:14:58,833 IT. 515 00:14:58,833 --> 00:15:00,466 >> WE COULDN'T BELIEVE IT. 516 00:15:00,466 --> 00:15:02,633 HOW REVOLUTIONARY IT WAS THAT 517 00:15:02,633 --> 00:15:03,900 CASTILE SAID, áYOU GOT TO READ 518 00:15:03,900 --> 00:15:08,200 THE ENGLISH LANGUAGE.á 519 00:15:08,200 --> 00:15:10,200 AND HOW MUCH THEY QUOTED FROM MY 520 00:15:10,200 --> 00:15:12,933 BOOK AND MY FLOOR SPEECHES. 521 00:15:12,933 --> 00:15:14,066 IT WAS MOST STUNNING -- ONE OF 522 00:15:14,066 --> 00:15:18,300 THE MOST STUNNING NIGHTS OF MY 523 00:15:18,300 --> 00:15:19,600 LIFE TO READ THAT OPINION. 524 00:15:19,600 --> 00:15:20,300 BRIAN COPPOLA HAD WON, OR AT 525 00:15:20,300 --> 00:15:21,300 LEAST HE DID ON PAPER. 526 00:15:21,300 --> 00:15:22,766 YEARS LATER, IT DOESN'T FEEL 527 00:15:22,766 --> 00:15:25,600 LIKE A WIN. 528 00:15:25,600 --> 00:15:27,900 >> WHAT I THOUGHT WOULD HAPPEN 529 00:15:27,900 --> 00:15:29,600 WAS THAT MUNICIPALITIES 530 00:15:29,600 --> 00:15:31,000 THROUGHOUT THE STATE WOULD LOOK 531 00:15:31,000 --> 00:15:32,333 AT THE COURT'S DECISION AND 532 00:15:32,333 --> 00:15:34,300 ALTER THERE ZONING ORDINANCES TO 533 00:15:34,300 --> 00:15:36,366 COMPLY WITH IT. 534 00:15:36,366 --> 00:15:38,266 ALMOST NO MUNICIPALITIES HAVE 535 00:15:38,266 --> 00:15:42,433 ALTERED THEIR ZONING ORDINANCES 536 00:15:42,433 --> 00:15:44,300 TO COMPLY WITH IT. 537 00:15:44,300 --> 00:15:45,733 >> FROM HIS HOUSE, HE NOW SEES 538 00:15:45,733 --> 00:15:47,533 TWO NEW NATURAL GAS PROCESSING 539 00:15:47,533 --> 00:15:48,566 PLANTS RISING FROM THE NEARBY 540 00:15:48,566 --> 00:15:50,100 HILLTOPS. 541 00:15:50,100 --> 00:15:50,766 >> I THINK WE DID THE RIGHT 542 00:15:50,766 --> 00:15:53,700 THING. 543 00:15:53,700 --> 00:15:54,433 WE BROUGHT THE ISSUE FORWARD AND 544 00:15:54,433 --> 00:15:56,633 THE COURT DID THE RIGHT THING, 545 00:15:56,633 --> 00:15:57,833 BUT FOR SOME REASON IN 546 00:15:57,833 --> 00:16:08,566 PENNSYLVANIA, WE TEND TO IGNORE 547 00:16:08,566 --> 00:16:09,200 THE COURT SOMETIMES. 548 00:16:09,200 --> 00:16:10,033 WE TEND TO IGNORE THE LAW AND 549 00:16:10,033 --> 00:16:11,100 THE CONSTITUTION AT TIMES. 550 00:16:11,100 --> 00:16:13,233 >> HE AND HIS WIFE ARE SEWING 551 00:16:13,233 --> 00:16:14,333 THE NEIGHBORING TOWNSHIP FOR 552 00:16:14,333 --> 00:16:15,000 APPROVING THE CONSTRUCTION. 553 00:16:15,000 --> 00:16:15,666 >> THE LOCAL GOVERNMENTS ARE 554 00:16:15,666 --> 00:16:16,166 STILL IGNORING THE 555 00:16:16,166 --> 00:16:16,866 CONSTITUTIONAL RIGHTS OF THEIR 556 00:16:16,866 --> 00:16:17,233 CITIZENS. 557 00:16:17,233 --> 00:16:19,033 AND WHAT WE HAVE NEAR US NOW ARE 558 00:16:19,033 --> 00:16:21,433 INDUSTRIAL PLANTS BEING BUILT IN 559 00:16:21,433 --> 00:16:23,633 RESIDENTIAL ZONING DISTRICTS. 560 00:16:23,633 --> 00:16:24,900 AND IT'S GOTTEN TO THE POINT 561 00:16:24,900 --> 00:16:26,366 WHERE A LOT OF THESE AREAS ARE 562 00:16:26,366 --> 00:16:28,500 BECOMING UNLIVABLE FOR PEOPLE. 563 00:16:28,500 --> 00:16:30,466 CONSTANT TRUCK TRAFFIC, THERE 564 00:16:30,466 --> 00:16:31,533 ARE DAYS THAT YOU CAN'T SIT 565 00:16:31,533 --> 00:16:32,900 OUTSIDE. 566 00:16:32,900 --> 00:16:34,200 AND SOME DAYS WHEN YOU TRY TO GO 567 00:16:34,200 --> 00:16:35,333 INSIDE TO GET AWAY FROM THE 568 00:16:35,333 --> 00:16:37,766 NOISE, YOU SIT IN YOUR HOME AND 569 00:16:37,766 --> 00:16:40,133 THE HOUSE IS VIBRATING. 570 00:16:40,133 --> 00:16:41,666 IT'S HARD TO EXPLAIN TO SOMEBODY 571 00:16:41,666 --> 00:16:42,933 WHO HASN'T LIVED THROUGH IT, BUT 572 00:16:42,933 --> 00:16:45,933 ONCE YOU'VE BEEN WOKEN UP AT 573 00:16:45,933 --> 00:16:48,000 3:00 IN THE MORNING FOR MONTHS 574 00:16:48,000 --> 00:16:49,833 ON END, IT WEARS YOU DOWN. 575 00:16:49,833 --> 00:17:06,033 >> STILL, THE ENVIRONMENTAL 576 00:17:06,033 --> 00:17:11,900 RIGHTS AMENDMENT HAD GAINED 577 00:17:11,900 --> 00:17:15,533 LIFE. 578 00:17:15,533 --> 00:17:16,266 AND IN 2017, THE STATE'S SUPREME 579 00:17:16,266 --> 00:17:16,933 COURT GAVE IT ANOTHER BOOST. 580 00:17:16,933 --> 00:17:17,666 THE COURT RULED IN FAVOR OF THE 581 00:17:17,666 --> 00:17:18,300 PENNSYLVANIA ENVIRONMENTAL 582 00:17:18,300 --> 00:17:18,833 DEFENSE FOUNDATION. 583 00:17:18,833 --> 00:17:19,533 THE GROUP USED HE AMENDMENT TO 584 00:17:19,533 --> 00:17:20,200 CHALLENGE THE WAY THE STATE 585 00:17:20,200 --> 00:17:20,900 HANDLES ROYALTY MONEY FROM OIL 586 00:17:20,900 --> 00:17:21,533 AND GAS DRILLING ON PUBLIC 587 00:17:21,533 --> 00:17:21,933 FOREST LAND. 588 00:17:21,933 --> 00:17:22,500 >> IT'S AN INDUSTRIAL 589 00:17:22,500 --> 00:17:23,099 DEVELOPMENT IN OUR STATE 590 00:17:23,099 --> 00:17:23,433 FORESTS. 591 00:17:23,433 --> 00:17:24,166 A DECADE'S OLD LAW REQUIRED THE 592 00:17:24,166 --> 00:17:25,366 MONEY TO GO INTO A SPECIAL 593 00:17:25,366 --> 00:17:26,166 ACCOUNT CALLED áTHE OIL AND GAS 594 00:17:26,166 --> 00:17:27,366 LEASE FUND.á 595 00:17:27,366 --> 00:17:28,366 BUT THE STATE REDIRECTED THE 596 00:17:28,366 --> 00:17:29,533 MONEY TOWARD THE DAY-TO-DAY 597 00:17:29,533 --> 00:17:30,466 OPERATING EXPENSES OF THE 598 00:17:30,466 --> 00:17:31,400 DEPARTMENT OF CONSERVATION AND 599 00:17:31,400 --> 00:17:32,166 NATURAL RESOURCES. 600 00:17:32,166 --> 00:17:33,366 >> THE OIL AND GAS LEASE FUND 601 00:17:33,366 --> 00:17:34,833 WAS CREATED IN 1955 BY THE OIL 602 00:17:34,833 --> 00:17:36,433 AND GAS LEASE FUND ACT. 603 00:17:36,433 --> 00:17:41,900 THE OIL AND GAS LEASE FUND ACT 604 00:17:41,900 --> 00:17:59,700 IS A SIMPLE ONE-PAGE, 605 00:17:59,700 --> 00:18:02,400 >> AND YET, DESPITE THE 606 00:18:02,400 --> 00:18:03,133 AMENDMENT'S CLEAR WINNING COURT, 607 00:18:03,133 --> 00:18:03,833 THE RESULTS HAVE FALLEN SHORT. 608 00:18:03,833 --> 00:18:04,500 THE GOVERNOR AND LEGISLATURE 609 00:18:04,500 --> 00:18:05,166 HAVE CONTINUED TO FUNNEL THE 610 00:18:05,166 --> 00:18:05,866 MONEY TO RUN THE DEPARTMENT OF 611 00:18:05,866 --> 00:18:06,533 CONSERVATION AND NATURAL 612 00:18:06,533 --> 00:18:07,166 RESOURCES. 613 00:18:07,166 --> 00:18:07,866 ATTORNEY JOHN CHILD SAYS THE 614 00:18:07,866 --> 00:18:08,833 POLITICAL WINDS IN THIS COUNTRY 615 00:18:08,833 --> 00:18:09,633 HAVE BEEN SHIFTING AWAY FROM 616 00:18:09,633 --> 00:18:10,800 ENVIRONMENTAL PROTECTION. 617 00:18:10,800 --> 00:18:12,166 >> I DON'T REALLY UNDERSTAND ALL 618 00:18:12,166 --> 00:18:15,400 OF WHAT'S GOING ON TODAY. 619 00:18:15,400 --> 00:18:19,566 >> HE'S CONTINUING TO FIGHT FOR 620 00:18:19,566 --> 00:18:20,866 A BROAD INTERPRETATION OF THE 621 00:18:20,866 --> 00:18:22,766 AMENDMENT. 622 00:18:22,766 --> 00:18:25,233 HE WANTS TO SPARK A CULTURAL 623 00:18:25,233 --> 00:18:27,300 SHIFT. 624 00:18:27,300 --> 00:18:28,433 THE KIND FRANKLIN KURY 625 00:18:28,433 --> 00:18:30,233 ENVISIONED MORE THAN 40 YEARS 626 00:18:30,233 --> 00:18:30,500 AGO. 627 00:18:30,500 --> 00:18:32,433 >> IS THERE POLITICAL, SOCIAL, 628 00:18:32,433 --> 00:18:33,933 AND CULTURAL ACCEPTANCE OF THE 629 00:18:33,933 --> 00:18:34,666 MEANING OF THE AMENDMENT? 630 00:18:34,666 --> 00:18:35,700 NOT MUCH AT ALL. 631 00:18:35,700 --> 00:18:39,366 VERY FEW PEOPLE SEE IT AT THAT 632 00:18:39,366 --> 00:18:41,866 LEVEL. 633 00:18:41,866 --> 00:18:43,466 WE HAVEN'T TURNED THE CORNER, 634 00:18:43,466 --> 00:18:48,400 BUT IT'S SUCH A MAJOR CORNER TO 635 00:18:48,400 --> 00:18:48,700 TURN. 636 00:18:48,700 --> 00:18:49,266 IT'S GONNA TAKE TIME. 637 00:18:49,266 --> 00:18:49,900 >> BUT THAT'S EXACTLY WHAT 638 00:18:49,900 --> 00:18:51,500 WORRIES MANY BUSINESSES. 639 00:18:51,500 --> 00:18:52,666 THE AMENDMENT COULD BE PUSHED 640 00:18:52,666 --> 00:18:53,766 TOO FAR AND THE NEW 641 00:18:53,766 --> 00:18:55,300 INTERPRETATIONS COULD BE RUNNING 642 00:18:55,300 --> 00:18:56,733 A FOUL OF WELL ESTABLISHED 643 00:18:56,733 --> 00:18:57,500 PRIVATE PROPERTY RIGHTS. 644 00:18:57,500 --> 00:18:58,533 >> WHAT TROUBLES ME AND WHAT I 645 00:18:58,533 --> 00:19:00,233 THINK SHOULD TROUBLE THE LEGAL 646 00:19:00,233 --> 00:19:01,433 COMMUNITY IS THIS DESIRE TO PUSH 647 00:19:01,433 --> 00:19:02,233 THE ENVIRONMENTAL RIGHTS 648 00:19:02,233 --> 00:19:02,966 AMENDMENT IN A DIRECTION THAT IS 649 00:19:02,966 --> 00:19:03,833 GOING TO CREATE A CONSTITUTIONAL 650 00:19:03,833 --> 00:19:05,400 ISSUE. 651 00:19:05,400 --> 00:19:07,733 IT SHOULDN'T BE INTERPRETED AS A 652 00:19:07,733 --> 00:19:09,533 MECHANISM TO BYPASS THE 653 00:19:09,533 --> 00:19:10,933 LEGISLATURE AND THE ELECTORAL 654 00:19:10,933 --> 00:19:13,766 PROCESS BY WHICH WE PUT OUR 655 00:19:13,766 --> 00:19:14,833 LEGISLATURES IN OFFICE. 656 00:19:14,833 --> 00:19:16,033 IF WE ARE DISSATISFIED WITH THE 657 00:19:16,033 --> 00:19:20,266 LEGISLATIVE PROCESS -- IF WE 658 00:19:20,266 --> 00:19:21,833 THINK THEY'RE OWNED BY A SPECIAL 659 00:19:21,833 --> 00:19:22,600 INTEREST, THEN VOTE THEM OUT. 660 00:19:22,600 --> 00:19:23,400 DON' TAKE A CONSTITUTIONAL 661 00:19:23,400 --> 00:19:24,133 PREVISION AND INTERPRET IT IN A 662 00:19:24,133 --> 00:19:25,233 WAY THAT MAY CAUSE THAT TO BE 663 00:19:25,233 --> 00:19:26,433 RULED UNCONSTITUTIONAL UNDER THE 664 00:19:26,433 --> 00:19:27,133 FEDERAL CONSTITUTION. 665 00:19:27,133 --> 00:19:29,733 WE DON'T NEED TO DO THAT. 666 00:19:29,733 --> 00:19:32,266 >> I THINK THE LESSONS HAVE BEEN 667 00:19:32,266 --> 00:19:38,766 LEARNED FROM OUR EARLY HISTORY 668 00:19:38,766 --> 00:19:39,966 OF EXTRACTION IN PENNSYLVANIA. 669 00:19:39,966 --> 00:19:41,933 WE'VE GOT THE PICTURES TO PROVE 670 00:19:41,933 --> 00:20:02,966 IT, WE'VE GOT THE SCARS TO STILL 671 00:20:02,966 --> 00:20:04,866 >> DECADES AFTER KURY'S 672 00:20:04,866 --> 00:20:06,033 AMENDMENT WAS ADOPTED, SHAMOKIN 673 00:20:06,033 --> 00:20:06,866 CREEK IS NO LONGER RUNNING 674 00:20:06,866 --> 00:20:09,100 BLACK. 675 00:20:09,100 --> 00:20:14,100 BUT IT'S ORANGE FROM ACID MINE 676 00:20:14,100 --> 00:20:19,300 DRAINAGE. 677 00:20:19,300 --> 00:20:24,533 >> PENNSYLVANIA HAS A NOTABLE 678 00:20:24,533 --> 00:20:27,600 HISTORY OF WHAT APPEARS 679 00:20:27,600 --> 00:20:28,300 RETROSPECTIVELY TO HAVE BEEN A 680 00:20:28,300 --> 00:20:29,000 SHORT SIGHTED EXPLOITATION OF 681 00:20:29,000 --> 00:20:29,666 ITS BOUNTIEST ENVIRONMENT. 682 00:20:29,666 --> 00:20:32,400 EFFECTING ITS MINERALS, ITS 683 00:20:32,400 --> 00:20:33,433 WATER, ITS FLORA, ITS FAUNA AND 684 00:20:33,433 --> 00:20:36,433 ITS PEOPLE. 685 00:20:36,433 --> 00:20:37,333 THE LESSONS LEARNED FROM HISTORY 686 00:20:37,333 --> 00:20:38,733 LED DIRECTLY TO THE 687 00:20:38,733 --> 00:20:40,066 ENVIRONMENTAL RIGHTS AMENDMENT. 688 00:20:40,066 --> 00:20:41,966 A MEASURE WHICH RECEIVED 689 00:20:41,966 --> 00:20:42,866 OVERWHELMING SUPPORT FROM THE 690 00:20:42,866 --> 00:20:44,100 LEGISLATORS AND THE VOTERS 691 00:20:44,100 --> 00:20:44,800 ALIKE. 692 00:20:44,800 --> 00:20:46,266 AND THAT'S EXACTLY WHAT 693 00:20:46,266 --> 00:20:48,000 HAPPENED. 694 00:20:48,000 --> 00:20:48,733 IT JUST TOOK US LIKE 40 YEARS TO 695 00:20:48,733 --> 00:20:50,700 INTERPRET IT. 696 00:20:50,700 --> 00:20:51,400 >> THE RECENT COURT DECISIONS 697 00:20:51,400 --> 00:20:53,333 HAVE SPARKED FRESH INTEREST 698 00:20:53,333 --> 00:20:54,033 AMONGST SOME ADVOCATED AND THE 699 00:20:54,033 --> 00:20:55,700 CONCEPT OF ENVIRONMENTAL 700 00:20:55,700 --> 00:20:59,533 CONSTITUTIONALISM. 701 00:20:59,533 --> 00:21:01,066 THE IDEA THAT GETTING SIMILAR 702 00:21:01,066 --> 00:21:02,366 PROVISIONS AMENDED INTO OTHER 703 00:21:02,366 --> 00:21:03,933 STATE CONSTITUTIONS OR THE 704 00:21:03,933 --> 00:21:05,800 FEDERAL CONSTITUTION COULD BE 705 00:21:05,800 --> 00:21:07,500 THE KEY TO RESHAPING NOT ONLY 706 00:21:07,500 --> 00:21:09,333 POLICY BUT PUBLIC OPINION ABOUT 707 00:21:09,333 --> 00:21:11,300 HOW HUMANS RELATE TO THE NATURAL 708 00:21:11,300 --> 00:21:12,300 WORLD. 709 00:21:12,300 --> 00:21:13,833 >> I'M TELLING PEOPLE THE STORY 710 00:21:13,833 --> 00:21:14,533 OF WHAT WE'VE ACCOMPLISHED IN 711 00:21:14,533 --> 00:21:15,633 PENNSYLVANIA. 712 00:21:15,633 --> 00:21:16,333 I'M TALKING WITH PEOPLE ABOUT 713 00:21:16,333 --> 00:21:17,766 HOW OUR CURRENT SYSTEM OF 714 00:21:17,766 --> 00:21:18,466 ENVIRONMENTAL PROTECTION LAWS 715 00:21:18,466 --> 00:21:19,833 ARE FAILING US. 716 00:21:19,833 --> 00:21:21,233 HELPING THEM UNDERSTAND THAT OUR 717 00:21:21,233 --> 00:21:22,766 ENVIRONMENTAL PROTECTION LAWS 718 00:21:22,766 --> 00:21:24,566 ARE ABOUT MANAGING POLLUTION. 719 00:21:24,566 --> 00:21:26,266 THE WHO, THE WHEN, THE WHERE. 720 00:21:26,266 --> 00:21:28,466 AS OPPOSED TO PREVENTING 721 00:21:28,466 --> 00:21:29,066 POLLUTION AND PREVENTING 722 00:21:29,066 --> 00:21:34,333 DEGRADATION. 723 00:21:34,333 --> 00:21:35,766 AND GETTING THEM TO THE 724 00:21:35,766 --> 00:21:39,233 RECOGNITION THAT A HIGHER POWER 725 00:21:39,233 --> 00:21:40,766 AND A HIGHER LEVEL OF PROTECTION 726 00:21:40,766 --> 00:21:42,100 IS NEEDED. 727 00:21:42,100 --> 00:21:44,066 AND THAT BEST COMES IN THE FORM 728 00:21:44,066 --> 00:21:46,000 OF A GREEN AMENDMENT. 729 00:21:46,000 --> 00:21:46,900 >> ALTHOUGH MANY STATE 730 00:21:46,900 --> 00:21:48,533 CONSTITUTIONS MENTION A QUALITY 731 00:21:48,533 --> 00:21:50,033 ENVIRONMENT, FEN ROSSUM WOULD 732 00:21:50,033 --> 00:21:51,133 LIKE TO SEE THEM GUARANTEE 733 00:21:51,133 --> 00:21:52,833 CITIZENS A HEALTHY ENVIRONMENT 734 00:21:52,833 --> 00:21:53,933 DIRECTLY IN THEIR BILLS OF 735 00:21:53,933 --> 00:21:54,833 RIGHTS. 736 00:21:54,833 --> 00:21:55,700 THAT'S HER VISION OF A GREEN 737 00:21:55,700 --> 00:21:56,433 AMENDMENT. 738 00:21:56,433 --> 00:21:58,233 LIKE WHAT PENNSYLVANIA HAS. 739 00:21:58,233 --> 00:21:59,500 >> IT'S GOING TO TAKE TIME. 740 00:21:59,500 --> 00:22:01,433 AND IT'S GOING TO TAKE WORK. 741 00:22:01,433 --> 00:22:03,433 BUT WE'RE PUTTING IN THAT WORK 742 00:22:03,433 --> 00:22:06,766 AND IT IS MAKING CHANGE. 743 00:22:06,766 --> 00:22:08,966 AND I BELIEVE IN THE YEARS TO 744 00:22:08,966 --> 00:22:10,966 COME, RIGHT, THAT THE 745 00:22:10,966 --> 00:22:13,633 ENVIRONMENTAL RIGHTS AMENDMENT 746 00:22:13,633 --> 00:22:15,166 REALLY IS GOING TO HAVE A VERY 747 00:22:15,166 --> 00:22:16,200 MEANINGFUL IMPACT ON THE QUALITY 748 00:22:16,200 --> 00:22:17,766 OF PENNSYLVANIA'S ENVIRONMENT. 749 00:22:17,766 --> 00:22:20,233 AND I THINK ALSO, IN OTHER 750 00:22:20,233 --> 00:22:21,133 STATES, RIGHT? 751 00:22:21,133 --> 00:22:22,033 WE'RE GOING TO START TO SEE THAT 752 00:22:22,033 --> 00:22:23,266 CHANGE. 753 00:22:23,266 --> 00:22:24,633 WE ACTUALLY HAVE GREEN 754 00:22:24,633 --> 00:22:25,600 AMENDMENTS THAT HAVE BEEN 755 00:22:25,600 --> 00:22:28,266 PROPOSED BY LEGISLATORS IN NEW 756 00:22:28,266 --> 00:22:30,633 YORK, IN NEW JERSEY AND IN 757 00:22:30,633 --> 00:22:31,466 MARYLAND. 758 00:22:31,466 --> 00:22:33,366 >> SINCE THE 1970s, ROUGHLY 759 00:22:33,366 --> 00:22:34,766 THREE QUARTERS OF THE WORLDS 760 00:22:34,766 --> 00:22:35,733 COUNTRIES HAVE ADDRESSED 761 00:22:35,733 --> 00:22:40,000 ENVIRONMENTAL RIGHTS OR 762 00:22:40,000 --> 00:22:40,633 RESPONSIBILITIES IN THEIR 763 00:22:40,633 --> 00:22:41,266 NATIONAL CONSTITUTIONS. 764 00:22:41,266 --> 00:22:42,133 THE UNITED STATES IS AMONG THE 765 00:22:42,133 --> 00:22:42,966 MINORITY OF COUNTRIES THAT 766 00:22:42,966 --> 00:22:44,866 DOESN'T MENTION IT. 767 00:22:44,866 --> 00:22:45,633 >> WHAT THE ENVIRONMENTAL RIGHTS 768 00:22:45,633 --> 00:22:48,666 AMENDMENT DOES AND SAYS IS THAT 769 00:22:48,666 --> 00:22:50,100 THE RIGHT TO PURE WATER, CLEAN 770 00:22:50,100 --> 00:22:50,833 AIR AND A HEALTHY ENVIRONMENT IS 771 00:22:50,833 --> 00:22:52,200 AN INALIENABLE RIGHT THAT 772 00:22:52,200 --> 00:22:53,533 BELONGS TO ALL PEOPLE IN THE 773 00:22:53,533 --> 00:22:55,633 COMMONWEALTH OF PENNSYLVANIA. 774 00:22:55,633 --> 00:22:57,666 THAT MUST BE LEGALLY RECOGNIZED 775 00:22:57,666 --> 00:23:00,733 AND PROTECTED IN THE SAME WAY WE 776 00:23:00,733 --> 00:23:01,866 LEGALLY RECOGNIZE AND PROTECT 777 00:23:01,866 --> 00:23:03,533 ALL THOSE OTHER FREEDOMS IN THE 778 00:23:03,533 --> 00:23:05,933 BILL OF RIGHTS SECTION. 779 00:23:05,933 --> 00:23:07,700 LIKE THE RIGHT TO FREE SPEECH. 780 00:23:07,700 --> 00:23:09,400 LIKE THE RIGHT TO FREEDOM OF 781 00:23:09,400 --> 00:23:10,500 RELIGION. 782 00:23:10,500 --> 00:23:14,566 >> I THINK THE BACKDROP OF THESE 783 00:23:14,566 --> 00:23:24,466 CASES CERTAINLY CREATE A PUBLIC 784 00:23:24,466 --> 00:23:25,200 INTEREST AND A POLITICAL SUPPORT 785 00:23:25,200 --> 00:23:25,900 FRANKLY FOR LOOKING AT PUBLIC 786 00:23:25,900 --> 00:23:26,566 FORCE FOR THE CONSERVATION. 787 00:23:26,566 --> 00:23:27,266 I THINK PEOPLE NEED TO EMBRACE 788 00:23:27,266 --> 00:23:30,366 IT EVEN MORE THAN THEY DO. 789 00:23:30,366 --> 00:23:33,266 I THINK PEOPLE KNOW GENERALLY IS 790 00:23:33,266 --> 00:23:34,733 THERE TO PROTECT THEM BUT I 791 00:23:34,733 --> 00:23:35,633 DON'T THINK THEY FULLY 792 00:23:35,633 --> 00:23:37,666 UNDERSTAND THE VALUE OF THIS 793 00:23:37,666 --> 00:23:39,966 AMENDMENT TO EVERYDAY LIVES. 794 00:23:39,966 --> 00:23:42,033 PEOPLE IN PENNSYLVANIA, I THINK 795 00:23:42,033 --> 00:23:43,333 FOR TOO LONG ACCEPT 796 00:23:43,333 --> 00:23:44,066 ENVIRONMENTAL DEGRADATION AS THE 797 00:23:44,066 --> 00:23:47,366 NORM. 798 00:23:47,366 --> 00:23:48,500 I THINK THIS CONSTITUTIONAL 799 00:23:48,500 --> 00:23:51,066 AMENDMENT REALLY EMPOWERS 800 00:23:51,066 --> 00:23:53,100 PENNSYLVANIANS TO LOOK AT A 801 00:23:53,100 --> 00:23:54,533 SITUATION AND THINK áWAIT A 802 00:23:54,533 --> 00:23:55,333 MINUTE.á 803 00:23:55,333 --> 00:23:56,100 YOU KNOW, áIF MY AIR ISN'T CLEAN 804 00:23:56,100 --> 00:23:57,133 AND MY WATER ISN'T CLEAN, WHAT'S 805 00:23:57,133 --> 00:23:58,433 GOING ON?á 806 00:23:58,433 --> 00:24:00,700 AND áI ACTUALLY HAVE A RIGHT.á 807 00:24:00,700 --> 00:24:01,800 >> AS A STUDENT OF HISTORY, 808 00:24:01,800 --> 00:24:03,866 FRANKLIN KURY SAID HE KNEW THEN 809 00:24:03,866 --> 00:24:04,600 THAT POLITICAL TIDES RISE AND 810 00:24:04,600 --> 00:24:06,166 FALL. 811 00:24:06,166 --> 00:24:06,800 WHEN PENNSYLVANIA'S 812 00:24:06,800 --> 00:24:08,000 ENVIRONMENTAL RIGHTS AMENDMENT 813 00:24:08,000 --> 00:24:10,433 PAST, HE BELIEVED THE 1970s WAVE 814 00:24:10,433 --> 00:24:11,766 OF ENVIRONMENTALISM WAS 815 00:24:11,766 --> 00:24:12,133 CRESTING. 816 00:24:12,133 --> 00:24:14,100 >> IN THOSE DAYS, THE PEOPLE OF 817 00:24:14,100 --> 00:24:18,066 PENNSYLVANIA REALLY WERE UPSET. 818 00:24:18,066 --> 00:24:18,933 WE WERE GOING THROUGH AN 819 00:24:18,933 --> 00:24:20,900 ENVIRONMENTAL REVOLUTION. 820 00:24:20,900 --> 00:24:23,366 THE CONSTITUTION IS ONLY AS GOOD 821 00:24:23,366 --> 00:24:25,633 AS THE PEOPLE WHO WANT TO 822 00:24:25,633 --> 00:24:30,266 SUPPORT IT. 823 00:24:30,266 --> 00:24:31,000 BUT I THINK MORE AND MORE PEOPLE 824 00:24:31,000 --> 00:24:31,700 REALLY BELIEVE IT AND THEY'RE 825 00:24:31,700 --> 00:24:32,300 STANDING UP FOR IT. 826 00:24:32,300 --> 00:24:33,033 I'M VERY OPTIMISTIC THAT THE 827 00:24:33,033 --> 00:24:33,766 LONG RANGE EFFECTS ARE GOING TO 828 00:24:33,766 --> 00:24:34,533 BE BENEFICIAL. 829 00:24:34,533 --> 00:24:35,466 >> THE CHALLENGE YOU HAVE 830 00:24:35,466 --> 00:24:36,166 POLITICALLY RIGHT NOW IS A LOT 831 00:24:36,166 --> 00:24:39,166 OF PEOPLE ASSOCIATE THE 832 00:24:39,166 --> 00:24:40,466 ENVIRONMENTAL PROTECTION WITH 833 00:24:40,466 --> 00:24:42,000 ENVIRONMENTAL REGULATION. 834 00:24:42,000 --> 00:24:43,766 AND THE CHALLENGE YOU HAVE HERE 835 00:24:43,766 --> 00:24:44,866 IS THAT WE ALL DEPEND ON A CLEAN 836 00:24:44,866 --> 00:24:46,266 ENVIRONMENT. 837 00:24:46,266 --> 00:24:47,800 WE ALL DEPEND ON A HEALTHY 838 00:24:47,800 --> 00:24:49,633 ENVIRONMENT. 839 00:24:49,633 --> 00:24:50,833 WITHOUT CLEAN AIR, WITHOUT PURE 840 00:24:50,833 --> 00:24:51,766 WATER, WITHOUT SOIL THAT DOES 841 00:24:51,766 --> 00:24:52,866 WHAT SOIL IS SUPPOSED TO DO, 842 00:24:52,866 --> 00:24:53,933 WITHOUT PLANTS THAT DO WHAT 843 00:24:53,933 --> 00:24:55,166 PLANTS ARE SUPPOSED TO DO. 844 00:24:55,166 --> 00:24:56,700 WITHOUT ALL THE FISH AND WILD 845 00:24:56,700 --> 00:24:58,533 LIFE THAT WE HAVE AND ALL THE 846 00:24:58,533 --> 00:25:00,766 REST OF IT, WE'RE IN A BAD 847 00:25:00,766 --> 00:25:06,700 PLACE. 848 00:25:06,700 --> 00:25:10,633 AND I THINK, I HOPE WHAT'S GOING 849 00:25:10,633 --> 00:25:16,400 TO HAPPEN OVER TIME IS THAT 850 00:25:16,400 --> 00:25:17,033 PEOPLE WILL INCREASINGLY 851 00:25:17,033 --> 00:25:17,866 RECOGNIZE THAT. 852 00:25:17,866 --> 00:25:19,133 >> A LOT OF PEOPLE FELT THAT 853 00:25:19,133 --> 00:25:19,766 THIS DIDN'T BELONG IN THE 854 00:25:19,766 --> 00:25:20,366 CONSTITUTION. 855 00:25:20,366 --> 00:25:20,933 BUT OF COURSE, IT DID. 856 00:25:20,933 --> 00:25:21,633 BECAUSE WE INTRODUCED IT AS A 857 00:25:21,633 --> 00:25:23,766 CONSTITUTIONAL AMENDMENT. 858 00:25:23,766 --> 00:25:25,866 IT WENT THROUGH THE PROCESS. 859 00:25:25,866 --> 00:25:27,066 IT WASN'T JUST A FEEL GOOD 860 00:25:27,066 --> 00:25:27,366 THING. 861 00:25:27,366 --> 00:25:28,633 IN FACT, I THINK IT'S THE BEST 862 00:25:28,633 --> 00:25:29,766 THING I EVER DID IN THE 863 00:25:29,766 --> 00:25:30,900 LEGISLATURE. 864 00:25:30,900 --> 00:25:32,500 AND IT ALL HAPPENED WHILE I -- 865 00:25:32,500 --> 00:25:34,200 IT STARTED WHEN I WAS A FRESHMEN 866 00:25:34,200 --> 00:25:37,200 HOUSE MEMBER. 867 00:25:37,200 --> 00:25:38,366 SO MY ADVICE TO THE LEGISLATURE 868 00:25:38,366 --> 00:25:40,466 IS BE CAREFUL HOW YOU TREAT 869 00:25:40,466 --> 00:25:41,766 FRESHMAN HOUSE MEMBERS. 870 00:25:41,766 --> 00:25:43,933 THEY HAVE MAY HAVE A PRETTY GOOD 871 00:25:43,933 --> 00:25:48,433 IDEA. 872 00:25:48,433 --> 00:25:50,000 >> MAJOR FUNDING FOR GENERATIONS 873 00:25:50,000 --> 00:25:50,666 YET TO COME. 874 00:25:50,666 --> 00:25:52,700 ENVIRONMENTAL RIGHTS IN 875 00:25:52,700 --> 00:25:53,766 PENNSYLVANIA IS PROVIDED THE 876 00:25:53,766 --> 00:25:55,633 CORPORATION FOR PUBLIC 877 00:25:55,633 --> 00:25:56,866 BROADCASTING. 878 00:25:56,866 --> 00:25:57,666 ANY BY VIEWERS LIKE YOU. 879 00:25:57,666 --> 00:25:59,533 THANK YOU. 880 00:25:59,533 --> 00:26:00,833 ♪ 881 00:26:00,833 --> 00:26:02,600 ♪ 882 00:26:01,633 --> 00:26:02,633 ♪