Robinson Twp. v. Pa. Pub. Util. Comm'n

83 A.3d 901

ROBINSON TOWNSHIP, WASHINGTON COUNTY, PA; Brian Coppola, Individually and in his Official Capacity as Supervisor of Robinson Township; Township of Nockamixon, Bucks County, PA; Township of South Fayette, Allegheny County, PA; Peters Township, Washington County, PA; David M. Ball, Individually and in his Official Capacity as Councilman of Peters Township; Township of Cecil, Washington County, PA; Mount Pleasant Township, Washington County, PA; Borough of Yardley, Bucks County, PA; Delaware Riverkeeper Network; Maya Van Rossum, The Delaware Riverkeeper; Mehernosh Khan, M.D.

v.COMMONWEALTH of Pennsylvania; Pennsylvania Public Utility Commission; Robert F. Powelson, in his Official Capacity as Chairman of the Public Utility Commission; Office of the Attorney General of Pennsylvania; Kathleen Kane, in her Official Capacity as Attorney General of the Commonwealth of Pennsylvania; Pennsylvania Department of Environmental Protection; and E. Christopher Abruzzo, in his Official Capacity as Secretary of the Department of Environmental Protection.

Appeal of: Pennsylvania Public Utility Commission; Robert F. Powelson, in his Official Capacity as Chairman of the Public Utility Commission; Pennsylvania Department of Environmental Protection; and E. Christopher Abruzzo, in his Official Capacity as Secretary of the Department of Environmental Protection.

Robinson Township, Washington County, PA; Brian Coppola, Individually and in his Official Capacity as Supervisor of Robinson Township; Township of Nockamixon, Bucks County, PA; Township of South Fayette, Allegheny County, PA; Peters Township, Washington County, PA; David M. Ball, Individually and in his Official Capacity as Councilman of Peters Township; Township of Cecil, Washington County, PA; Mount Pleasant Township, Washington County, PA; Borough of Yardley, Bucks County, PA; Delaware Riverkeeper Network; Maya Van Rossum, The Delaware Riverkeeper; Mehernosh Khan, M.D.

v.Commonwealth of Pennsylvania; Pennsylvania Public Utility Commission; Robert F. Powelson, in his Official Capacity as Chairman of the Public Utility Commission; Office of the Attorney General of Pennsylvania; Kathleen Kane, in her Official Capacity as Attorney General of the Commonwealth of Pennsylvania; Pennsylvania Department of Environmental Protection; and E. Christopher Abruzzo, in his Official Capacity as Secretary of the Department of Environmental Protection.

Appeal of: Office of the Attorney General of Pennsylvania; Kathleen Kane, in her Official Capacity as Attorney General of the Commonwealth of Pennsylvania.

Robinson Township, Washington County, PA; Brian Coppola, Individually and in his Official Capacity as Supervisor of Robinson Township; Township of Nockamixon, Bucks County, PA; Township of South Fayette, Allegheny County, PA; Peters Township, Washington County, PA; David M. Ball, Individually and in his Official Capacity as Councilman of Peters Township; Township of Cecil, Washington County, PA; Mount Pleasant Township, Washington County, PA; Borough of Yardley, Bucks County, PA; Delaware Riverkeeper Network; Maya Van Rossum, The Delaware Riverkeeper; Mehernosh Khan, M.D., Cross-appellants

v.Commonwealth of Pennsylvania; Pennsylvania Public Utility Commission; Robert F. Powelson, in his Official Capacity as Chairman of the Public Utility Commission; Office of the Attorney General of Pennsylvania; Kathleen Kane, in her Official Capacity as Attorney General of the Commonwealth of Pennsylvania; Pennsylvania Department of Environmental Protection; and E. Christopher Abruzzo, in his Official Capacity as Secretary of the Department of Environmental Protection, Cross-appellees.

Robinson Township, Washington County, PA; Brian Coppola, Individually and in his Official Capacity as Supervisor of Robinson Township; Township of Nockamixon, Bucks County, PA; Township of South Fayette, Allegheny County, PA; Peters Township, Washington County, PA; David M. Ball, Individually and in his Official Capacity as Councilman of Peters Township; Township of Cecil, Washington County, PA; Mount Pleasant Township, Washington County, PA; Borough of Yardley, Bucks County, PA; Delaware Riverkeeper Network; Maya Van Rossum, The Delaware Riverkeeper; Mehernosh Khan, M.D., Cross-appellants

v.Commonwealth of Pennsylvania; Pennsylvania Public Utility Commission; Robert F. Powelson, in his Official Capacity as Chairman of the Public Utility Commission; Office of the Attorney General of Pennsylvania; Kathleen Kane, in her Official Capacity as Attorney General of the Commonwealth of Pennsylvania; Pennsylvania Department of Environmental Protection; and E. Christopher Abruzzo, in his Official Capacity as Secretary of the Department of Environmental Protection, Cross-appellees.

Supreme Court of Pennsylvania.

Argued Oct. 17, 2012.

Decided Dec. 19, 2013.

Held Unconstitutional

58 Pa.C.S.A. §§ 3303, 3304, 3215(b)(4), 3215(d).

Held Unconstitutional as Not Severable

58 Pa.C.S.A. §§ 3305, 3306, 3307, 3308, 3309, 3215(b, c, e).

Joshua Martin Bloom, Esq., Jonathan Robert Colton, Joshua M. Bloom and Associates, P.C., for International Union of Operating Engineers, Local No. 66, et al., amicus curiae.

Devin John Chwastyk, Esq., McNees, Wallace & Nurick, LLC, for Senator Joseph Scamati, III & Representative Samuel H. Smith, amicus curiae.

Robert Abraham Jackel, Esq., for Conservation Voters of Pennsylvania, amicus curiae.

Matthew Hermann Haverstick, Esq., James J. Rohn, Esq., Mark Edward Seiberling, Esq., Joshua John Voss, Esq., Conrad O'Brien PC, for PA PUC & PA Dept. of Environmental Protection.

Lawrence Henry Baumiller, Esq., Kevin J. Barber, Esq., Blaine Allen Lucas, Esq., Babst, Calland, Clements & Zomnir, P.C., for Pennsylvania Coal Alliance, amicus curiae.

Walter A. Bunt Jr., Esq., Christopher R. Nestor, Esq., K & L Gates, LLP, David R. Overstreet, Esq., for PA Indep Oil & Gas; Marcellus Shale Coalition; Markwest Liberty; Penneco Oil; Chesapeake Appalachia, amicus curiae.

Richard Ejzak, Esq., Cohen & Grigsby, P.C., for Duquesne Light Holdings, Inc., amicus curiae.

Lester L. Greevy Jr., Esq., Greevy & Associates, John A. Shoemaker II, Esq., for National Association of Royalty Owners, Pennsylvania Chapter, amicus curiae.

Quin Mikael Sorenson, Esq., Sidney Austin, LLP, Joseph R. Guerra, Esq., for American Petroleum Institute, amicus curiae.

Jeffrey Joseph Norton, Esq., for Northern Wayne Property Owners Alliance, amicus curiae.

Russell Lane Schetroma, Esq., Kristian Erik White, Esq., Steptoe & Johnson, PLLC, for Civil & Environmental Consultants, Inc., amicus curiae.

Patrick Hilary Zaepfel, Esq., Kegel, Kelin, Almy & Grimm, L.L.P., for PA Chamber of Business & Industry; PA Manufacturers' Assoc.; et al., amicus curiae.

John J. Arminas, Esq., Jonathan Mark Kamin, Esq., Goldberg, Kamin & Garvin, John Michael Smith, Esq., Smith Butz, L.L.C., Lauren M. Williams, Esq., Jordan Berson Yeager, Esq., Curtin & Heefner LLP, Jennifer Lynn Fahnestock, Esq., William A. Johnson, Esq., Susan Jill Kraham, Esq., for Robinson Twp; Twp of Nockamixon; Twp of S. Fayette; Peters Twp; Twp of Cecil; Mt. Pleasant Twp; et al.

Howard Greeley Hopkirk, Esq., Kathleen Granahan Kane, Esq., Linda L. Kelly, Esq., John G. Knorr III, Esq., Calvin R. Koons, Esq., Gregory R. Neuhauser, Esq., PA Office of Attorney General, for Commonwealth of PA, Attorney General's Office.

Sarah L. Clark, Esq., David Vincent Vitale, Esq., Nora Winkelman, Esq., for House of Democratic Caucus, amicus curiae.

Scott Everett Coburn, Esq., for State Association of Township Supervisors, amicus curiae.

Mark Forrest Dunkle, Esq., Parkowski, Guerke & Swayze P.A., Katy Dunlap, Esq., for Trout Unlimited Inc., amicus curiae.

Stanley J.A. Laskowski, Esq., Caldwell & Kearns, P.C., David Evenhuis, Esq., for PA State Association of Boroughs, amicus curiae.

Robert P. Ging Jr., Esq., Robert P. Ging, Jr., P.C., for Mountain Watershed Association, amicus curiae.

Deborah Goldberg, Esq., Bridget Lee, Esq., Charles McPhedran, Esq., Berks Gas Truth, et al., amicus curiae.

Claude Joseph Hafner II, Esq., Thomas F. Lebo Jr., Esq., PA Senate, for Members of the Democrat Caucus of the PA Senate, amicus curiae.

Stephen B. Harris, Esq., Daniel Raichel, Esq., Katherine Sinding, Esq., for Bell Acres Borough, East Finley Township, et al., amicus curiae.

Thomas Lizzi, Esq., IP and Internet Law North, L.L.C., for PA Chapter of the American Planning Assoc., amicus curiae.

Patricia L. McGrail, Esq., Matthew David Racunas, Esq., Law Offices of Patricia L. McGrail, L.L.C., for Council of the City of Pittsburgh, amicus curiae.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Chief Justice CASTILLE.

Mr. Chief Justice Castille announces the Judgment of the Court. Mr. Chief Justice Castille delivers the Opinion of the Court with respect to Parts I, II, IV, V, and VI(A), (B), (D)–(G), in which Mr. Justice Baer, Madame Justice Todd, and Mr. Justice McCaffery join, and delivers an Opinion with respect to Parts III and VI(C), in which Madame Justice Todd and Mr. Justice McCaffery join.

In this matter, multiple issues of constitutional import arise in cross-appeals taken from the decision of the Commonwealth Court ruling upon expedited challenges to Act 13 of 2012, a statute amending the Pennsylvania Oil and Gas Act (“Act 13”).¹ Act 13 comprises sweeping legislation affecting Pennsylvania's environment and, in particular, the exploitation and recovery of natural gas in a geological formation known as the Marcellus Shale. The litigation proceeded below in an accelerated fashion, in part because the legislation itself was designed to take effect quickly and imposed obligations which required the challengers to formulate their legal positions swiftly; and in part in recognition of the obvious economic importance of the legislation to the Commonwealth and its citizens.

The litigation implicates, among many other sources of law, a provision of this Commonwealth's organic charter, specifically Section 27 of the...