Commonwealth Court Judge Kevin Brobson issued an order Monday dated June 5 delaying a decision in a lawsuit brought by the PA Environmental Defense Fund over the use of DCNR Oil and Gas Fund monies until after the FY 2014-15 saying if the Court issued a ruling before the budget was finalized it would “run afoul of the principle of separation of powers.”
The Judge further explained, “although this Court may determine whether challenged legislative enactments are lawful, there is no place carved out in our constitution for the Court to rule on the legality of budget proposals.”
The Court ordered the PA Environmental Defense Fund to to file a request for a status conference after the budget is finalized saying it would schedule the conference as expeditiously as possible.
A copy of the Court’s order is available online.