Summary
In 2006, East Brunswick Township, Pennsylvania adopted an ordinance prohibiting any corporation from using sewage sludge to fertilize its land. The ordinance also recognized that “natural communities and ecosystems possess inalienable and fundamental rights to exist and flourish within the Township of East Brunswick.” and considers natural communities and ecosystems as “persons” for the purpose of enforcing those rights (4).
However, the Attorney General reviewed the ordinance at the request of a tree farming corporation and determined that the ordinance was unauthorized and filed a petition in the Commonwealth Court seeking to have the ordinance invalidated. The court invalidated the ordinance, claiming that the ordinance was preempted by state law.