285 A.3d 702
Pa. Commw. Ct.2022Background
- Petitioner: Pennsylvania Environmental Defense Foundation (Foundation) challenged the Snowmobile and All-Terrain Vehicle Law (75 Pa.C.S. §§7701–7753) and Sections 1720‑E(a) and (b) of the Fiscal Code, alleging these statutes force and expand ATV use on state forests and parks in violation of the Environmental Rights Amendment (Pa. Const. art. I, §27).
- DCNR developed a 2021 ATV Regional Connector Trail Pilot (59 miles: 45.4 existing, 13.6 new) to comply with Section 1720‑E(b); the Foundation alleged ATVs fragment habitat, cause erosion, harm water quality, and that DCNR lacked resources to protect trust lands.
- The Foundation sued the Commonwealth, the General Assembly and its leadership, and the Governor seeking a declaratory judgment that the statutes are unconstitutional on their face and that respondents breached trustee duties.
- Respondents filed preliminary objections: the Governor argued misjoinder; the General Assembly and others demurred for failure to state a claim under the Environmental Rights Amendment; other defenses were also raised.
- The Commonwealth Court sustained the Governor’s misjoinder objection and sustained demurrers, holding the Foundation brought a facial challenge it could not support and dismissing the petition for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Governor is a proper defendant | Governor directed/mandated DCNR to permit ATV trails and revoke moratorium | Governor is not the implementer; signing laws alone does not make him a proper party | Sustained Governor's misjoinder; Governor dismissed as party |
| Whether the challenge is facial or as‑applied | Challenge framed as preventing DCNR’s legislatively compelled degradation of trust lands (practical harm) | Foundation named legislature and leadership, not implementing agency; pleadings assert facial attack on statutes’ text | Court treated petition as a facial challenge |
| Whether statutes facially violate the Environmental Rights Amendment under PEDF II standard | Statutes authorize ATV use that necessarily degrades trust corpus and breach trustee duties of prudence, loyalty, impartiality | Statutes regulate and limit ATV use, direct use of existing roads/trails, authorize pilot program with monitoring and restricted accounts—reasonable legislative balancing | Demurrer sustained: pleadings do not show statutes are unconstitutional in all circumstances; not facially invalid |
| Whether declaratory relief is appropriate | Seeks declaration that statutes and actions are unconstitutional and directed DCNR to violate duties | Legislative balancing presumed; statutory scheme affords regulatory safeguards; factual disputes require proof, not facial invalidation | Petition dismissed for failure to state a claim; leave to pursue agency‑level/addendum claims suggested |
Key Cases Cited
- Pennsylvania Environmental Defense Foundation v. Commonwealth, 161 A.3d 911 (Pa. 2017) (establishes Commonwealth’s fiduciary duties under Pa. Const. art. I, §27 and framework for reviewing trust‑corpus statutes)
- Robinson Township v. Commonwealth, 83 A.3d 901 (Pa. 2013) (Environmental Rights Amendment prohibits unreasonable deterioration but does not freeze development; requires balancing)
- Frederick v. Allegheny Township Zoning Hearing Board, 196 A.3d 677 (Pa. Cmwlth. 2018) (courts presume legislative investigation and defer to legislative land‑use balancing under §27)
- Clifton v. Allegheny County, 969 A.2d 1197 (Pa. 2009) (facial‑invalidity standard: statute invalid only if no set of circumstances exists in which it would be valid)
- United States v. Salerno, 481 U.S. 739 (U.S. 1987) (facial challenges are difficult and disfavored)
- Phantom Fireworks Showrooms, LLC v. Wolf, 198 A.3d 1205 (Pa. Cmwlth. 2018) (signing legislation does not automatically make Governor a proper defendant)
- Johnson v. Allegheny Intermediate Unit, 59 A.3d 10 (Pa. Cmwlth. 2012) (distinguishes facial from as‑applied challenges)