By thelegalintelligencer | The Legal Intelligencer | June 30, 2017
Board properly held that petitioner failed to establish that department's issuance of a permit for a well to be drilled on a slant with the bottom under a refinery storage tank was unreasonable or contrary to law because the board correctly applied the burden of proof, credible expert evidence supported the decision and Pennsylvania courts had held that hydraulic fracturing was not an abnormally dangerous activity. Affirmed.
By thelegalintelligencer | The Legal Intelligencer | June 30, 2017
PUC properly imposed a civil penalty on petitioner alternative energy supplier for its intentional overbilling of 5,000 customers for four months and properly calculated the penalty on a "per invoice" method because the penalty was not disproportionate due to the intentional conduct by petitioner's executives, petitioner did not mitigate and only made refunds to customers who complained and PUC properly applied the factors in determining the penalty. Affirmed.
By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Plaintiff failed to establish that its right to due process was violated by an alleged unsafe environment at a fire hall where the local zoning board held a hearing on a zoning application to construct a wind turbine absent evidence that board members were unable to impartially decide the matter because they felt unsafe. The court recommended that plaintiff's appeal be dismissed.
By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
Trial court properly reversed the council's denial of applicants' conditional use application because applicants met the specific requirements of the ordinance and objectors' testimony was the kind of speculative evidence insufficient to constitute proof of detriments to health, safety and welfare exceeding those ordinarily to be expected from the proposed use. Affirmed and remanded.
By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
Trial court correctly awarded judgment in favor of appellee in his breach of contract, tortious interference with contractual rights, and promissory estoppel action after his business deal with appellant fell apart because trial court properly held appellant personally liable for the judgment entered against his corporation. Affirmed.
By Max Mitchell | June 8, 2017
The record-high penalty the Pennsylvania Public Utility Commission levied against an energy distribution company that allegedly overcharged customers during the 2014 polar vortex has been upheld under a ruling issued by a sharply divided Commonwealth Court.
By thelegalintelligencer | The Legal Intelligencer | June 2, 2017
Petitioner's application for review in the Commonwealth Court's original jurisdiction was premature where the matter was still before the public utility commission and, thus, petitioner failed to exhaust its administrative remedies before seeking review in the court's appellate jurisdiction. The Commonwealth Court granted defendants' preliminary objections and dismissed the petition for review in the court's original jurisdiction.
By Zack Needles | May 26, 2017
In a ruling that could prove instructive to parties seeking to block construction of natural gas wells in their communities, the Commonwealth Court overruled an Allegheny County borough's denial of a driller's conditional use application, finding that the borough council relied on inadequate testimony by objectors.
By Brenda Sapino Jeffreys | May 23, 2017
New partners come from King & Spalding.
By Max Mitchell | May 15, 2017
The state Supreme Court's most recent decision striking down portions of Act 13 dealing with eminent domain for oil and gas industry projects did not disturb a prior decision allowing Sunoco to condemn property for its Mariner East 2 pipeline, the Commonwealth Court has ruled.
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