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Robinson Twp. V. Commonwealth Warning As of: October 19, 2017 3:37 PM Z Robinson Twp. v. Commonwealth Supreme Court of Pennsylvania October 17, 2012, Argued; December 19, 2013, Decided No. 63 MAP 2012, No. 64 MAP 2012, No. 72 MAP 2012, No. 73 MAP 2012 Reporter 623 Pa. 564 *; 83 A.3d 901 **; 2013 Pa. LEXIS 3068 ***; 181 Oil & Gas Rep. 102; 43 ELR 20276; 2013 WL 6687290 COUNTY, PA; TOWNSHIP OF SOUTH FAYETTE, ROBINSON TOWNSHIP, WASHINGTON COUNTY, ALLEGHENY COUNTY, PA; PETERS TOWNSHIP, PA; BRIAN COPPOLA, INDIVIDUALLY AND IN HIS WASHINGTON COUNTY, PA; DAVID M. BALL, OFFICIAL CAPACITY AS SUPERVISOR OF INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS ROBINSON TOWNSHIP; TOWNSHIP OF COUNCILMAN OF PETERS TOWNSHIP; TOWNSHIP NOCKAMIXON, BUCKS COUNTY, PA; TOWNSHIP OF OF CECIL, WASHINGTON COUNTY, PA; MOUNT SOUTH FAYETTE, ALLEGHENY COUNTY, PA; PLEASANT TOWNSHIP, WASHINGTON COUNTY, PETERS TOWNSHIP, WASHINGTON COUNTY, PA; PA; BOROUGH OF YARDLEY, BUCKS COUNTY, PA; DAVID M. BALL, INDIVIDUALLY AND IN HIS OFFICIAL DELAWARE RIVERKEEPER NETWORK; MAYA VAN CAPACITY AS COUNCILMAN OF PETERS ROSSUM, THE DELAWARE RIVERKEEPER; TOWNSHIP; TOWNSHIP OF CECIL, WASHINGTON MEHERNOSH KHAN, M.D. v. COMMONWEALTH OF COUNTY, PA; MOUNT PLEASANT TOWNSHIP, PENNSYLVANIA; PENNSYLVANIA PUBLIC UTILITY WASHINGTON COUNTY, PA; BOROUGH OF COMMISSION; ROBERT F. POWELSON, IN HIS YARDLEY, BUCKS COUNTY, PA; DELAWARE OFFICIAL CAPACITY AS CHAIRMAN OF THE PUBLIC RIVERKEEPER NETWORK; MAYA VAN ROSSUM, UTILITY COMMISSION; OFFICE OF THE ATTORNEY THE DELAWARE RIVERKEEPER; MEHERNOSH GENERAL OF PENNSYLVANIA; KATHLEEN KANE, IN KHAN, M.D. v. COMMONWEALTH OF HER OFFICIAL CAPACITY AS ATTORNEY GENERAL PENNSYLVANIA; PENNSYLVANIA PUBLIC UTILITY OF THE COMMONWEALTH OF PENNSYLVANIA; COMMISSION; ROBERT F. POWELSON, IN HIS PENNSYLVANIA DEPARTMENT OF OFFICIAL CAPACITY AS CHAIRMAN OF THE PUBLIC ENVIRONMENTAL PROTECTION; AND E. UTILITY COMMISSION; OFFICE OF THE ATTORNEY CHRISTOPHER ABRUZZO, IN HIS OFFICIAL GENERAL OF PENNSYLVANIA; KATHLEEN KANE, IN CAPACITY AS SECRETARY OF THE DEPARTMENT HER OFFICIAL CAPACITY AS ATTORNEY GENERAL OF ENVIRONMENTAL PROTECTION, APPEAL OF: OF THE COMMONWEALTH OF PENNSYLVANIA; OFFICE OF THE ATTORNEY GENERAL OF PENNSYLVANIA DEPARTMENT OF PENNSYLVANIA; KATHLEEN KANE, IN HER ENVIRONMENTAL PROTECTION; and E. OFFICIAL CAPACITY AS ATTORNEY GENERAL OF CHRISTOPHER ABRUZZO, IN HIS OFFICIAL THE COMMONWEALTH OF CAPACITY AS SECRETARY OF THE DEPARTMENT PENNSYLVANIA;ROBINSON TOWNSHIP, OF ENVIRONMENTAL PROTECTION, APPEAL OF: WASHINGTON COUNTY, PA; BRIAN COPPOLA, PENNSYLVANIA PUBLIC UTILITY COMMISSION; INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS ROBERT F. POWELSON, IN HIS OFFICIAL CAPACITY SUPERVISOR OF ROBINSON TOWNSHIP; AS CHAIRMAN OF THE PUBLIC UTILITY TOWNSHIP OF NOCKAMIXON, BUCKS COUNTY, PA; COMMISSION; PENNSYLVANIA DEPARTMENT OF TOWNSHIP OF SOUTH FAYETTE, ALLEGHENY ENVIRONMENTAL PROTECTION; AND E. COUNTY, PA; PETERS TOWNSHIP, WASHINGTON CHRISTOPHER ABRUZZO, IN HIS OFFICIAL COUNTY, PA; DAVID M. BALL, INDIVIDUALLY AND IN CAPACITY AS SECRETARY THE DEPARTMENT OF HIS OFFICIAL CAPACITY AS COUNCILMAN OF ENVIRONMENTAL PROTECTION;ROBINSON PETERS TOWNSHIP; TOWNSHIP OF CECIL, TOWNSHIP, WASHINGTON COUNTY, PA; BRIAN WASHINGTON COUNTY, PA; MOUNT PLEASANT COPPOLA, INDIVIDUALLY AND IN HIS OFFICIAL TOWNSHIP, WASHINGTON COUNTY, PA; BOROUGH CAPACITY AS SUPERVISOR OF ROBINSON OF YARDLEY, BUCKS COUNTY, PA; DELAWARE TOWNSHIP; TOWNSHIP OF NOCKAMIXON, BUCKS Page 2 of 99 623 Pa. 564, *564; 83 A.3d 901, **901; 2013 Pa. LEXIS 3068, ***3068 RIVERKEEPER NETWORK; MAYA VAN ROSSUM, Prior History: [***1] Appeal from the Order and THE DELAWARE RIVERKEEPER; MEHERNOSH Opinion of the Commonwealth Court at No. 284 MD KHAN, M.D., Cross-appellants v. COMMONWEALTH 2012, dated July 26, 2012. 52 A.3d 463 (Pa. Cmwlth. OF PENNSYLVANIA; PENNSYLVANIA PUBLIC 2012). Other Court Judge: Dan Pellegrini, President UTILITY COMMISSION; ROBERT F. POWELSON, IN Judge, Bernard L. McGinley, Bonnie Brigance HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE Ledbetter, Robert E. Simpson, Kevin P. Brobson, PUBLIC UTILITY COMMISSION; OFFICE OF THE Patricia A. McCullough, Anne E. Covey, Judges. ATTORNEY GENERAL OF PENNSYLVANIA; KATHLEEN KANE, IN HER OFFICIAL CAPACITY AS ATTORNEY GENERAL OF THE COMMONWEALTH Robinson Twp. v. Commonwealth, 52 A.3d 463, 2012 OF PENNSYLVANIA; PENNSYLVANIA DEPARTMENT Pa. Commw. LEXIS 222 (Pa. Commw. Ct., 2012) OF ENVIRONMENTAL PROTECTION; AND E. CHRISTOPHER ABRUZZO, IN HIS OFFICIAL Core Terms CAPACITY AS SECRETARY OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, Cross- municipalities, Rights, Environmental, general appellees;ROBINSON TOWNSHIP, WASHINGTON assembly, zoning, oil and gas, provisions, natural COUNTY, PA; BRIAN COPPOLA, INDIVIDUALLY AND resources, local government, regulation, natural gas, IN HIS OFFICIAL CAPACITY AS SUPERVISOR OF operations, resources, requirements, implicate, ROBINSON TOWNSHIP; TOWNSHIP OF challenges, parties, Township, setbacks, drilling, Shale, NOCKAMIXON, BUCKS COUNTY, PA; TOWNSHIP OF purposes, Sections, articulated, duties, powers, SOUTH FAYETTE, ALLEGHENY COUNTY, PA; residents, decisions, courts, restrictions PETERS TOWNSHIP, WASHINGTON COUNTY, PA; DAVID M. BALL, INDIVIDUALLY AND IN HIS OFFICIAL Case Summary CAPACITY AS COUNCILMAN OF PETERS TOWNSHIP; TOWNSHIP OF CECIL, WASHINGTON COUNTY, PA; MOUNT PLEASANT TOWNSHIP, Overview WASHINGTON COUNTY, PA; BOROUGH OF YARDLEY, BUCKS COUNTY, PA; DELAWARE HOLDINGS: [1]-In a citizens' suit challenging the RIVERKEEPER NETWORK; MAYA VAN ROSSUM, constitutionality of the Pennsylvania Oil and Gas Act, 58 THE DELAWARE RIVERKEEPER; MEHERNOSH Pa.C.S. §§ 2301-3504, the Pennsylvania Supreme KHAN, M.D., Cross-appellants v. COMMONWEALTH Court held that as an exercise of police power, 58 OF PENNSYLVANIA; PENNSYLVANIA PUBLIC Pa.C.S. §§ 3303, 3304, and 3215(b)(4) and (d), were UTILITY COMMISSION; ROBERT F. POWELSON, IN unconstitutional as incompatible with the HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE Commonwealth's duty as trustee of Pennsylvania's PUBLIC UTILITY COMMISSION; OFFICE OF THE public natural resources; [2]-The lower court erred by ATTORNEY GENERAL OF PENNSYLVANIA; finding that a doctor lacked standing as the restrictions KATHLEEN KANE, IN HER OFFICIAL CAPACITY AS under 58 Pa.C.S. § 3222.1(b) on obtaining and sharing ATTORNEY GENERAL OF THE COMMONWEALTH information with other physicians regarding the OF PENNSYLVANIA; PENNSYLVANIA DEPARTMENT chemicals used in drilling operations were not remote or OF ENVIRONMENTAL PROTECTION; AND E. speculative; [3]-The suit was justiciable and not barred CHRISTOPHER ABRUZZO, IN HIS OFFICIAL by the political question doctrine. CAPACITY AS SECRETARY OF THE DEPARTMENT Outcome OF ENVIRONMENTAL PROTECTION, Cross-appellees Court affirmed, in part, the decision and remanded the Subsequent History: Reargument denied by, case to the Commonwealth Court for further Reconsideration denied by Robinson Twp. v. proceedings. Commonwealth, 2014 Pa. LEXIS 513 (Pa., Feb. 21, 2014) LexisNexis® Headnotes On remand at, Review dismissed by, in part, Injunction granted at, in part Robinson Twp. v. Commonwealth, 96 A.3d 1104, 2014 Pa. Commw. LEXIS 367 (Pa. Commw. Environmental Law > Natural Resources & Public Ct., 2014) Lands > General Overview Page 3 of 99 623 Pa. 564, *564; 83 A.3d 901, **901; 2013 Pa. LEXIS 3068, ***1 HN1[ ] Environmental Law, Natural Resources & Civil Procedure > Appeals > Standards of Public Lands Review > Clearly Erroneous Review Civil Procedure > Preliminary See Pa. Const. art. I, § 27. Considerations > Justiciability > General Overview Civil Procedure > ... > Responses > Defenses, Demurrers & Objections > Demurrers Energy & Utilities Law > Natural Gas Industry > General Overview HN4[ ] Standards of Review, Clearly Erroneous Review Energy & Utilities Law > Oil & Petroleum Products > General Overview Parties may raise questions regarding standing, Energy & Utilities Law > Pipelines & ripeness, and the political question doctrine by filing Transportation > Natural Gas Gathering Systems preliminary objections to a petition for review filed in the original jurisdiction of the Commonwealth Court of HN2[ ] Energy & Utilities Law, Natural Gas Pennsylvania, similar to those permitted in a civil action. Industry Pa.R.A.P. 1516(b) is patterned after Pa.R.C.P. No. 1017(a). Upon review of a decision sustaining or overruling preliminary objections, a court accepts as The Pennsylvania Oil and Gas Act (Act 13), 58 Pa.C.S. true all well-pleaded material facts set forth in the §§ 2301-3504, repeals parts of the existing petition for review and all inferences fairly deducible Pennsylvania Oil and Gas Act and adds provisions re- from those facts. An appellate court will affirm an order codified into six new chapters in Title 58 of the sustaining preliminary objections only if it is clear that Pennsylvania Consolidated Statutes. Chapter 23's fee the party filing the petition for review is not entitled to schedule became effective immediately upon Act 13 relief as a matter of law. being signed into law, on February 14, 2012, while the remaining chapters were to take effect 60 days later, on April 16, 2012. Civil Procedure > Appeals > Standards of Review > De Novo Review Civil Civil Procedure > Preliminary Procedure > ... > Justiciability > Standing > General Considerations > Justiciability > General Overview Overview HN5[ ] Standards of Review, De Novo Review Civil Procedure > ... > Justiciability > Political Questions > General Overview In contrast to the federal approach, notions of case or Civil controversy and justiciability in Pennsylvania have no Procedure > ... > Justiciability
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