Commonwealth Court Grants Attorney General Partial Summary Judgment in ACRE Challenge

On July 17, 2012, the Commonwealth Court of Pennsylvania granted the State’s Attorney General partial summary judgment on two ACRE challenges to a Locust Township ordinance.  The Court found:  (1) that small farmers, currently exempt under state law, were improperly required to submit and implement emergency and response nutrient management plans, and (2) local water requirements were in excess of state law.  The Court denied summary judgment as to the Attorney General’s remaining claims and counts. 

To read the Courts opinion in its entirety, pleas click the link below:

Commonwealth v. Locust Township

Written by M. Sean High, Research Assistant
Penn State Law, Agricultural Law Center