In breaking news, the Pennsylvania Commonwealth Court, in a 4-3 opinion, has decided that the recently-enacted Act 13 does not pass constitutional muster. The text of the opinion is posted on Representative Jesse White’s web page.
This is a key decision, and will be scrutinized for its legal arguments about state usurpation of community rights to determine what kind of industrial development will or will not take place in their borders. New York State’s home rule tradition is more robust than PA’s, and precedents relating to mining have been set. Still, this decision will impact NYS by providing yet more precedent.