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Marcellus Shale Industry Again Denied in Act 13 Challenge

This time, the Supreme Court denied a request by Marcellus Shale industry representatives to be a party to the challenge against Act 13.

The Supreme Court on Friday denied representatives from the Marcellus Shale industry the opportunity to participate in an appeal of the injunction against Act 13 filed by multiple municipalities, a doctor and a nonprofit.

The Public Utilities Commission and the state appealed the Commonwealth Court decision to grant an injunction in the case regarding the zoning portions of the law.

Industry representatives had also asked the Commonwealth Court to be a party to the suit. That was denied.

Seven municipalities , stating that Act 13 unconstitutionally strips municipalities of the power to regulate gas wells and related hydrofracturing activities, including pipelines and compressor stations.  

Senate President Pro Tem Joseph Scarnati and House Speaker Samuel H. Smith, of the Legislature on appeal—as they did at the Commonwealth level. No decision has been made on that matter as of Monday morning.

All parties are still waiting for the Commonwealth Court’s decision regarding the constitutionality of Act 13, which was argued June 6.

Editor's Note: To view the order, click on the attached PDF.

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