Pa. Envtl. Def. Found, v. Commonwealth

摘要

Pennsylvania fiscal code amendments transferring control of royalties paid into oil and gas lease fund from Pennsylvania agency required to spend fund income on conservation to Pennsylvania general assembly for use in general fund, and limiting payments of lease fund royalties back to agency to up to $50 million per year, violated environmental rights amendment of Article 1, Section 27 of Pennsylvania Constitution, because: (1) challenges to compliance with Section 27 are governed by text of Section 27 and principles of Pennsylvania trust law under Uniform Trust Act, (2) Section 27 is self-executing and establishes public trust in state's natural resources with purpose of conserving and maintaining natural resources for people of state, (3) proceeds from sale of public trust oil and gas remain part of trust, and (4) amendments allow use of trust assets for nontrust purposes and ignore trustee duty to manage trust for stated beneficiaries and purposes.