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3 Joule: Duq. Energy & Envtl. L.J. 1 (2015)

handle is hein.journals/joule3 and id is 1 raw text is: The Property and Privacy Implications of Act 13: Robinson Twp. v. Commonwealth Ryan P. Driscoll Introduction On December 19th, 2013, the Pennsylvania Supreme Court held that parts of Pennsylvania's newly amended oil and gas act, Act 13 (hereinafter the Act), were 2 unconstitutional. In the Supreme Court's ruling, four issues were remanded to the Commonwealth Court.3 The first issue was whether a notice requirement of a spill from drilling operations that excludes private water supplies, in favor of public water supplies, is a special law and/or violates equal protection.4 Next, the court addressed whether a non-disclosure requirement for trade secret protected chemicals impeded a health professional's ability to diagnose and treat patients.5 The third issue the court addressed was whether providing private corporations with eminent domain powers, for private 6 purposes, is unconstitutional. The final issue the court addressed was whether the power conferred upon the Public Utility Commission (PUC) to review local zoning ordinances and to withhold impact fees from local governments are severable from enjoined provisions of Act 13.7 1. Robinson Twp. v. Commonwealth, 96 A.3d 1104 (Commw. Ct. 2014) [Robinson Twp. III] A. Facts In order to understand the case at hand, it is necessary to briefly review the 1 58 PA. CONS. STAT. §§ 2301-3504 (2012). 2 Robinson Twp., Washington Cnty. v. Commonwealth., 83 A.3d 901, 915 (Pa. 2013) [Robinson Twp. I]. 3 Robinson Twp. v. Commonwealth, 96 A.3d 1104 (Commw. Ct. 2014). [Robinson Twp. III] 4 Id. at 1109. 5Id. at 1110. 6 id. 7 id. 1

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