The Pennsylvania Supreme, Superior and Commonwealth courts decided a few dozen cases with environmental dimensions last year. This review touches on most of them.
Environmental Rights Amendment
The year 2013 ended with Robinson Township v. Public Utility Commission, 83 A.3d 901 (Pa. 2013), suggesting that all governmental agencies have a duty under Article I, Section 27 of the Pennsylvania Constitution to make environmental reviews before acting. The Supreme Court invalidated Sections 3303 and 3304 of the Oil and Gas Amendments (Act 13) that preempted most local regulation of oil and gas activities. The Commonwealth Court on remand found that related parts of Act 13 that allowed for Public Utility Commission and Commonwealth Court review of municipal ordinances were not severable. In Seitel Data v. Center Township, 92 A.3d 851 (Pa. Commw. 2014), the court held that a demand for seismic testing agreements was not reviewable. The court let stand provisions governing notification of public but not private water suppliers about spills and confidentiality of fracking chemicals.
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