The Pine Creek Gorge in Tioga County.

Marie Cusick/ StateImpact Pennsylvania

Environmental lawyer asks state Supreme Court to back up its order to Commonwealth Court

  • Scott Blanchard
A drilling rig in Tioga State Forest. The Supreme Court ruled that all proceeds from oil and gas drilling on state land needs to be spent on environmental conservation. The court based its ruling on the state's Environmental Rights Amendment.

Scott Detrow/ StateImpact Pennsylvania

A drilling rig in Tioga State Forest. The Supreme Court ruled in June that all proceeds from oil and gas drilling on state land needs to be spent on environmental conservation. The court based its ruling on the state’s Environmental Rights Amendment.

An environmental lawyer wants the state Supreme Court to direct Commonwealth Court to follow its order in a case centered on whether Pennsylvania must use oil and gas lease proceeds from drilling on state forest land only for environmental conservation.

John E. Childe of Camp Hill made that claim in a lawsuit against the state, but Commonwealth Court had ruled against the Pennsylvania Environmental Defense Foundation. Childe says in a new filing that when the Supreme Court on June 20 decided that the state was a trustee for public resources, it vacated the Commonwealth Court’s decision and sent the case back for “further proceedings consistent with this Opinion.”

Childe’s filing claims nothing has happened, and he is asking the Supreme Court to step in.

Here is his complete filing:

 

PETITION FOR EXTRAORDINARY JURISDICTION OF THE PENNSYLVANIA SUPREME COURT; IN THE ALTERNATIVE, APPLICATION FOR ENFORCEMENT OF REMAND ORDER (Text)