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Challenge to State's New Marcellus Shale Law Filed

To read the entire complaint, click the link in the story!

A challenge to Act 13—the state’s new Marcellus Shale drilling law—has formally been challenged.

Lawyers for municipalities including Cecil Township, Peters Township, Mt. Pleasant, Robinson Township, South Fayette, two communities in Bucks County, the Delaware Riverkeeper Network and a medical doctor filed a complaint and request for injunctive relief in Commonwealth Court Thursday.

Editor’s Note: The suit can be viewed right here.

Be March 30, 2012 at 01:28 AM
In a perfect world, the townships would win, try to impose regulations that violated indiviual/landowner rights of course, because thats their whole purpose for existence, the landowners would then sue and win and there would be precedent for any legislation at any level to be illegal. Alas, the municipalites wont win, because state law supersedes local law and no court is ever going to give up that power. Once there is precedent for local ordinances superceding state law, the cat is out of the bag. They are never NEVER going to let that cat out of the bag.
Alexander M. Cianfracco March 30, 2012 at 02:49 AM
Hey, "Be", I thought you were going to go away. Apparently you came back as an appellate court judge, since you seem to know what the courts will do with this. Do us all a favor and go away so the grownups can figure this out.
cecil resident March 31, 2012 at 01:52 PM
Be you have every right as an American citizen to voice your opinion. the norm in this country today is if someone doesn't like your argument on a subject they try to insult you. Agree or disagree you have every right to give your argument and if someone disagrees and the only way they can debate is by insults maybe they need to grow up.
Jet Miskis September 21, 2012 at 02:47 PM
I find it interesting that people post comments yet they remain "Anonymous." I believe that if we loose the legal challenge of ACT 13, if it is not amended concerning local land use authority our current Peters Township Ordinance, which includes a 40 acre overlay map (meaning, the 'spacing unit' required as a DEP permitted 'Marcellus Well' of 640 acres under the 1984 Oil & Gas Act, or a DEP permitted 'Conservation Well,'' spacing unit' of 640 feet, from the well head out in any direction, which falls under the 1961 Oil & Gas Conservation Act), will have to be amended to eliminate the 40 acre overlay map; if this happens, we could very likely see a great many more well pads, dangerously close to homes, schools, parks and lakes throughout Peters Township. The 1984 Oil & Gas Act allows a drill site pad to be on as little as 4 acres. We currently know of 6 drill site leases signed in our township; yet, that may not be all of them and many more may be likely. Only the gas companies know exactly how many drill site leases are signed. Around a year ago there were 774 leases signed in Peters Twp. As of 2010, Mount Pleasant Township, whose population was only 3,515, 36.1 square miles, had 107 wells drilled. I don't know if population density per square mile is a factor. I am not an attorney. Our Township must maintain our current ordinance; and, local state legislators MUST work to regulate this industry and KILL their HALLIBURTON LOOP HOLE, their exemption to environmental laws!
cecil resident September 21, 2012 at 04:17 PM
We are back to the Halliburton , Anonymous issues get the observer-reporter paper today and read the 12 page energy report. How many Americans have to die for foreign oil when we have all the resources we need right here in this country. How many elected officals on you superviser boards have any real knowledge and background of this drilling issue and are even willing to work with the industry. Have any of them attended the energy symposiums in our area? You can't have ever little community passing new ordinance every time one person doesn't like something about their neighbors and their rights and they feel they have to pass a new ordinance seen it happen in our township. you need a state wide law for a state wide industry. When will you say enough is enough when gas reaches 6$, $7 and the people on fixed incomes can't afford their heating bills. Watch the news countries we rely on for gas and oil hate us, Drill here, drill now American resources, American jobs.

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