Thursday, July 26, 2012

Marcellus Shale - Act 13 - Pa. Constitution

Robinson Township v. PUC - Cmwlth. Court - July 26, 2012 (66 pp.)

http://www.pacourts.us/OpPosting/Cwealth/out/284MD12_7-26-12.pdf

In a case involving a township's challenge to state statute concerning the Marcellus Shale, the commonwealth filed PO's and both parties moved for summary relief on some issues.

- standing - municipalties , landowners, associations, et al. -
- equal protections - Article I, sec. 1, and 14th Amendment - PO's rejected
- special laws - Article III, sec. 32
- natural resources - Article I, sec. 27
- separation of powers
- delegation of legislative power
- vagueness

On the Commonwealth's preliminary objections, the court sustained many, rejected a few, held that two sections of the law were unconstitutional.

The township's claims about violation of equal protection and impropert delegation of legislative power were upheld and enforcement of much of the law, Act 13, was enjoined.

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