Pennsylvania Commonwealth's Decision in Robinson Township

The Pennsylvania Commonwealth Court released its decision this morning in Robinson Township et al. v. Commonwealth of Pennsylvania (284 M.D. 2012).

The Commonwealth Court:
  1. found that the municipalities and two individual council members had standing, but that the other petitioners (an environmental group and a physician) did not; 
  2. held that Act 13, Section 3304--which would have established uniform, statewide zoning standards--violated substantive due process because it allowed incompatible uses, which did "not serve the police power purpose of the local zoning ordinances, relating to consistent and compatible uses in the enumerated districts of a comprehensive zoning plan"; 
  3. declared Section 3304 "unconstitutional and null and void, and permanently enjoin[ed] the Commonwealth from enforcing it"; 
  4. declared Section 3215(b)(4) (relating to Department of Environmental Protection waivers from water body and wetland setbacks) null and void; and 
  5. dismissed the remaining counts. 
Read the Marcellus Shale Coalition’s statement on the decision