Office of Chief Counsel
The Department of Environmental Resources (now known as the Department of Environmental Protection) was created by Act 275 of 1970, which gave it the responsibility for the development of a balanced ecological system, incorporating social, cultural and economic needs of the Commonwealth through development and protection of our environmental and natural resources. The Department is responsible for the state’s land and water management programs, all aspects of environmental protection, and the regulation of mining operations. On December 3, 1970, the General Assembly mandated the creation of the Office of Chief Counsel in a series of amendments to the Administrative Code of 1929. The Office of Chief Counsel was given the responsibility of enforcing all laws within the jurisdiction of the Department. The Office of Chief Counsel was required to have its own staff of investigatory, administrative, and technical advisory personnel at both regional and central offices.
Article 1 Section 27
On April 21, 1969, House Bill 958 was introduced in the Pennsylvania House of Representatives. The bill would be mandated to protect Pennsylvania’s resources and propose a change in the government’s attitude toward the environment. It declared that the people have a right to a decent natural environment. On May 18, 1971, HB 958 was approved and became Article I, Section 27.
Article 1, Section 27 has had a significant impact on Pennsylvania's government and environment. It has provided the courts and administrative agencies with a solid legal basis for protecting the environment. Prior to 1966, there was no effort to protect Pennsylvania's air, land or water. As the Commonwealth developed, there were no laws regulating the harvesting of the state's natural resources. Pennsylvania's legislature and economic success were dominated by the mining of coal and iron which provided the basis for the railroad and steel industries. By the mid-1960's, the economics of Pennsylvania was no longer dominated by these factors. As knowledge of the environment increased, the public became more aware of the environmental damage that was being inflicted by unregulated taking of the natural resources.
PENNSYLVANIA CONSTITUTION
Article 1, Section 27
Natural Resources and Public Estate
The people have a right to clean air, pure water, and to the preservation of the natural scenic, historic, and esthetic values of the environment. Pennsylvania’s public natural resources are the common property of all the people, including generations yet to come. As trustees of these resources, the Commonwealth shall conserve and maintain them for the benefit of all people.
OCC Law Library
The Office of Chief Counsel maintains a law library which is located on the 9th Floor of the Rachel Carson State Office Building. In addition to the main library in Harrisburg, there are six regional OCC law libraries. The library supports the research needs of the DEP/DCNR legal staff.
