Amity and Prosperity: One Family and the Fracturing of America

John Smith’s case against Pennsylvania’s Act 13 Law is heard by the Pennsylvania Supreme Court in October of 2012. The trial attracts a number of anti-fracking activists, who are loudly protesting outside the courthouse. The case begins with a presentation by Matt Haverstick, the state’s attorney, who argues that fracking provides a “financial benefit” to communities (237). However, the liberal justice Max Baer questions Haverstick about how zoning laws are designed to protect individuals “from unreasonable uses,” suggesting to John Smith that the justice will be amenable to John Smith’s arguments (237). When John Smith presents his argument, he emphasizes how Act 13 allows fracking companies to bypass local zoning laws, keeping towns from deciding what kind of industry is allowed within their limits. John Smith’s presentation is followed by the attorney Jordan Yeager, who argues that Act 13 violates Pennsylvania’s Environmental Rights Amendment, which asserts that Pennsylvanians have the right to clean air and water.

The court ultimately finds in favor of John Smith and Yeager’s arguments, striking down most of Act 13 and sending some of its other provisions to be debate by a lower court.