On July 30, 2013, the newest member of the Pennsylvania
Supreme Court, Correale Stevens, was sworn onto the bench. In light of the new
addition to the Court, attorneys for the Pennsylvania Public Utilities Commission
and Department of Environmental Protection submitted petitions for oral
arguments in the case challenging Act 13 of 2012 to be reheard. The
Commonwealth Court determined some of Act 13 to be unconstitutional in 2012. Robinson Twp. v. Com., 2012 WL 3030277
(Pa. Commw. Ct. July 26, 2012). In particular, the statutory requirement that
municipal zoning ordinances be amended to include oil and gas operations in all
zoning districts was in violation of substantive due process, and the
statutory well location restrictions
were unconstitutional because the restrictions failed to provide sufficient
guidance to the DEP as to when to grant a waiver from setback requirements.
Oral arguments in front of the Supreme Court were delivered
by both Robinson Township and the Commonwealth in October. The Court has not
decided what action it will take in the case.
For more information on the Act 13 proceedings, visit the Marcellus
Shale Resource Area of the Agricultural Law Center.
Written by: Garrett Lent, Research Assistant
Agricultural Law Resource and Reference Center
August 2013
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