Articles Posted in Supreme Court of Pennsylvania

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The issues this case presented for the Pennsylvania Supreme Court’s review centered on: (1) whether the penalty imposed against HIKO Energy, LLC (HIKO) was so grossly disproportionate as to violate the Excessive Fines Clause of the Pennsylvania and U.S. Constitutions; (2) whether the penalty impermissibly punished HIKO for litigating; and (3) whether the Pennsylvania Utility Commission (PUC) abused its discretion in imposing a penalty which was not supported by substantial evidence. The Supreme Court concluded HIKO waived its constitutional challenge to the civil penalty in this case, the penalty was not imposed as a punishment against HIKO for opting to litigate its case, and that the PUC’s conclusions in support of imposing the penalty were supported by substantial evidence. View "HIKO Energy, Aplt. v. PA PUC" on Justia Law

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The issue before the Pennsylvania Supreme Court in this case concerned whether counties could advance common law claims seeking legal redress against telecommunications companies for alleged deficiencies in their administration of fees associated with 911 emergency communication services. The Supreme Court concluded the Legislature balanced counties’ interests against those of other co-participants enlisted under the 911 Act and provided sufficient indicia evincing its intention to centralize enforcement authority in the relevant state agency. "Although we realize that the County may have been disadvantaged by PEMA’s apparent failure to act, this unfortunate circumstance does not control the judicial construction of a legislative enactment." Thus, the Court reversed the Commonwealth Court, and reinstated the order of the court of common pleas. View "Co. of Butler v. Centurylink, et al.." on Justia Law

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The issue presented to the Pennsylvania Supreme Court in this appeal centered on whether producers of natural gas from certain vertical wells were subject to assessment of a yearly impact fee established by Chapter 23 of the Pennsylvania Oil and Gas Act (“Act 13”). The vertical wells that at issue used the hydraulic fracturing process ("fracking") to extract natural gas through a vertical well bore from Marcellus Shale. Specifically, the issue centered on whether an impact fee would be assessed whenever a vertical well’s production exceeded an average of 90,000 cubic feet of natural gas per day for even one month of the year, or whether the well must exceed this production threshold in every month of the year, for the fee to be imposed. After careful review, the Supreme Court concluded that, under the relevant provisions of Act 13, the impact fee would be imposed on such wells if their production exceeds 90,000 cubic feet of natural gas per day for even one month of the year, as found by the Public Utility Commission (“PUC”). Therefore, the Court reversed the Commonwealth Court’s order, which had reversed the PUC; the PUC's order was reinstated. View "PA Independent Oil & Gas Assoc. v. PUC" on Justia Law

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In this appeal, the issue presented for the Pennsylvania Supreme Court’s review centered on the language of the utility service facilities exception ("Utility Exception") to governmental immunity contained in the Political Subdivision Tort Claims Act ("Tort Claims Act"). The Commonwealth Court concluded that where a dangerous condition of the facilities of a utility system is created by the negligent action or inaction of a local agency or its employees, the Utility Exception did not apply. Because the Commonwealth Court misconstrued both the Utility Exception and the gravamen of the lawsuit in question, the Supreme Court reversed. View "Metropolitan Edison v. City of Reading" on Justia Law