On December 19, 2013, the Pennsylvania Supreme Court, Middle Division, issued an opinion striking down major portions of Act 13, P.L. ___, 58 Pa. C.S. §§2301-3504 (a substantial re-write of the Commonwealth’s Oil and Gas Act) as unconstitutional. Robinson Township, et al v. Commonwealth of Pennsylvania, et al, Nos. 63, 64, 72 and 73 MAP 2012 (Supreme Court of Pennsylvania, Middle District, Dec. 19, 2013), appeal from the Order and Opinion of the Commonwealth Court at 284 MD 2012, dated July 26, 2012, 52 A.3d 463 (Pa. Cmwlth, 2012)
As part of that order, the Court gave new life to the claim of Mehernosh Khan, M.D. concerning the restrictions placed on doctors in obtaining and sharing information about the identification of hydraulic fracturing chemicals when treating patients. The lower Commonwealth Court determined that Dr. Khan lacked standing to sue because the interest he asserted was remote. The Supreme Court reversed and remanded the case for a merits decision.
