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Act 13 Injunction

Wednesday, April 11, 2012

Judge Grants Injunction Regarding Marcellus Shale Law Challenge

'Pre-existing ordinances must remain in effect until or unless challenged pursuant to Act 13 and are found to be invalid,' the order read.

A Commonwealth Court judge on Wednesday afternoon granted a preliminary injunction regarding the state's new Marcellus Shale law, known as Act 13. The order means that implementation of portions of the new law slated to go into effect Saturday will be delayed for 120 days. The order reads: "While the ultimate determination on the constitutionality of Act 13 is not presently before the Court, the Court is of the view that municipalities must have an adequate opportunity to pass zoning laws that comply with Act 13 without the fear or risk that development of oil and gas operations under Act 13 will be inconsistent with later validly passed local zoning ordinances." It continues: "For that reason, pre-existing ordinances must remain in effect…

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