Editor’s note: The authors represented Lenape Resources as counsel of record at the trial court level in challenging Avon’s municipal ordinance. Burt was involved in trial court proceedings in Aukema.

On Dec. 19, 2013, the Pennsylvania Supreme Court issued its long-awaited decision in Robinson Township v. Commonwealth of Pennsylvania, No. 63 MAP 2012 (Pa. 2013), striking down a number of provisions in Pennsylvania’s Act 13, an overhaul of the Oil and Gas Act that had established statewide uniform zoning standards for oil and gas exploration and development purposes. Specifically, the court struck Sections 3303 and 3304 of the act, which had set forth provisions that implemented the uniform zoning standards. The court explained that those provisions, and thereby uniform zoning for oil and gas activities, are incompatible with the Environmental Rights Amendment of the Pennsylvania Constitution because local governments have “necessary and reasonable authority” to carry out the constitutional duties in the amendment, including providing clean air and pure water to the people. The court also struck down a number of other provisions in the act, including Section 3215(b), which had provided that municipalities were not able to appeal the Department of Environmental Protection’s decisions on well permits.

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