In Commonwealth v. Seneca Resources Corporation, 2014 LEXIS 608 (Pa. Commw. Ct., October 6, 2014), the Commonwealth Court of Pennsylvania revisited the Pennsylvania Gaming Commission's ("Commission") complaint that alleged that although Seneca Resources Corporation...
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Houston Harbaugh
Environmental
Zoning Issues for a Well Pad Site in Post-Robinson Times
In Gorsline, et al. v. Board of Supervisors of Fairfield Township et al., No. 14-000130 (Lycoming Co. C.P., August 29, 2014), certain individuals appealed the decision of the Fairfield Township Board of Supervisors ("Fairfield") to grant a conditional use application...
US Supreme Court Holds That CERCLA Does Not Preempt State Statutes of Repose
The Supreme Court of the United States found today that § 9658 of CERCLA (a/k/a Superfund) does not preempt state statutes of repose. 42 U.S.C. § 9658 provides that in any action brought under state law for injury or damages caused by exposure to any...
Environmental Liability of Parent Corporations
In Trinity Industries v. Greenlease Holding Co., No. 08-1498, 2014 U.S. Dist. LEXIS 61223 (W.D. Pa. May 2, 2014), the U.S. District Court for the Western District of Pennsylvania held that parent corporation Ampco Pittsburgh Corporation ("Ampco") could not be held...
A Review of Robinson Township v. Commonwealth of Pennsylvania
Co-authored by Alan S. Miller. On February 21, 2014, the Supreme Court of Pennsylvania declined to reconsider its landmark decision of December 19, 2013, invalidating several provisions of Act 13 on the grounds that various provisions of the amendments to the Oil and...
Pennsylvania Commonwealth Court Addresses Subsurface Mining Rights
In Commonwealth v. Seneca Resources Corporation, 2014 Pa. Commw. LEXIS 76 (January 27, 2014), the Commonwealth Court of Pennsylvania held that language in a deed from 1928 may restrict the owner of oil and gas rights to oil and gas extraction methods that were in...
