Thursday, July 26, 2012
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 Marcellus Shale operations—also known as Act 13—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…
Tuesday, April 3, 2012
All nine members of council are in support of the municipalities' efforts to challenge the state's new Marcellus Shale regulations.
Pittsburgh City Council President Darlene M. Harris on Tuesday issued a will of council in support of last week’s filing of a lawsuit challenging Act 13—the state's new law governing Marcellus Shale drilling. “Act 13 infringes upon the rights of affected local governments in our commonwealth,” she said. “It forces local governments to abdicate their moral and legal duty to protect the health, safety and welfare of the people in their townships.” Seven municipalities—including Cecil Township—filed the lawsuit on March 29, stating that Act 13 unconstitutionally strips municipalities of the power to regulate gas wells and related hydrofracturing activities, including pipelines and compressor stations. Pittsburgh City Council, by unanimous …
Cecil Attorney John Smith said he is hopeful a hearing will be set in Commonwealth Court soon.
Lawyers for a cluster of muncipalities, one organization and a medical doctor who have challenged the state's new Marcellus Shale regulations—known as Act 13—have asked the Commonwealth Court for an expedited hearing for injunctive relief. Attorney John Smith, of Cecil, who is spearheading the legal challenge, said Tuesday that he is hopeful that the Commonwealth Court will set a hearing soon to consider the request. The goal, he said, is that an injunction would be granted, which would delay the implementation of Act 13 until the court can hear the case, and decide the merits of the constitutional challenge. Act 13 is set to go into effect April 14. Cecil Township, Peters Township, South Fayette, Robinson Township and Mt. Pleasant …
Nick
2:16 pm on Monday, July 30, 2012
Learn more about the Act 13 battle at: http://shalestuff.com/controversy-2/act-13-battle-continues/article02353 more ›