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State Court Strikes Down Portions of New Marcellus Shale Law

The Pennsylvania Commonwealth Court issued its opinion Thursday morning—calling the local zoning provisions of Act 13 unconstitutional.

The state Commonwealth Court on Thursday struck down portions of Pennsylvania’s newly enacted legislation governing —and declared them unconstitutional.

The 54-page opinion filed by President Judge Dan Pellegrini stated:

“Petitioners allege that they have close to 150 unconventional Marcellus Shale wells drilled within their borders, and Act 13 prevents them from fulfilling their constitutional and statutory obligations to protect the health, safety and welfare of their citizens, as well as public natural resources from the industrial activity of oil and gas drilling. Petitioners allege that Act 13 requires them to modify many of their zoning laws.”

The petitioners, which included a cluster of local communities including Cecil and Peters, an environmental group and a medical doctor, had asked the court to throw out portions of the zoning regulations under Act—and it did.

“We grant petitioners’ Motion for Summary Relief, declare 58 Pa C.S. §3304 unconstitutional and null and void, and permanently enjoin the Commonwealth from enforcing it,” the order read.

Reached Thursday morning, solicitor John Smith—who handled the challenge—said: “I think it’s a great day for local government and a great day for Pennsylvania.”

The attorney added, “Our system of checks and balances worked. The Legislature overstepped, and the court did its job declaring portions of Act 13 as unconstitutional.”

Cecil Township supervisor Andy Schrader, who was a proponent of the challenge, said, “I think the whole purpose of this challenge was to protect our residents and with this ruling, it will give us some legal standing under our zoning laws to do that. That’s what this was all about for me.”

State Rep. Jesse White, D-Cecil, who vehemently opposed portions of Act 13, said, “This is obviously a huge victory for those of us who want to see Marcellus Shale developed responsibly. Hopefully now we can stop the bullying and the buying of influence and truly work together to develop a responsible approach that will allow development of Marcellus Shale while creating a culture of true accountability and responsibility. Today’s decision reaffirms that our constitutional protections are not for sale.”

To read the entire opinion, click here.

This story was published originally on Canon-McMillan Patch.

 

Nick July 30, 2012 at 06:16 PM
Learn more about the Act 13 battle at: http://shalestuff.com/controversy-2/act-13-battle-continues/article02353

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