Shale Energy Law Blog
Also of note is an Application for Reconsideration filed by the PUC in an appeal related to an order of the Commonwealth Court enjoining the PUC from reviewing municipal ordinances. On October 25, 2012, Senior Judge Keith B. Quigley issued an order enjoining enforcement of Section 3305 of Act 13 because it “is a vehicle by which Section 3304 is enforced.” The PUC appealed that order to the Supreme Court. On July 25, 2013, the Supreme Court quashed the PUC’s Notice of Appeal. The PUC requests that the Supreme Court grant reconsideration of the July 25th order quashing the Notice of Appeal before the entire Supreme Court for the following reasons: the October 25, 2012 order of Judge Quigley was subject to appeal, and it was incorrect to quash the Notice of Appeal; if the Commonwealth Court’s decision is upheld, it is unclear if that decision would resolve all issues regarding Act 13 because Judge Quigley’s order enjoined enforcement of Act 13 Sections 3301-3301 and 3305, even though Section 3301-3305 were never challenged and Section 3305 was determined to be constitutional; the Supreme Court should clarify explicitly why the Notice of Appeal was quashed; the July 25th order is inconsistent with other Supreme Court decisions; and the pending case regarding the overall constitutionality of Act 13 may not dispose of all issues.