White, 43 House Democrats File Legal Brief Ahead of State Supreme Court’s Act 13 Case

State Rep. Jesse White on Wednesday announced that the House Democratic Caucus has filed with the state Supreme Court a special legal brief, known as an "amicus curiae," to support Commonwealth Court’s July ruling that the elimination of local zoning ordinances for oil and gas operations under Act 13 was unconstitutional. 

White was named on the brief as one of 44 House Democrats who affirmed the efforts of the seven municipalities, including Cecil, Mt. Pleasant, Peters, Robinson and South Fayette townships, that successfully sued the Commonwealth to overturn the local zoning provisions in Act 13, the state’s natural gas drilling law.

State Rep. Brandon Neuman, D-North Strabane, was not among those who signed.

"I usually do not sign on to legal documents I did not write myself," Neuman explained. "I voted 'no' so that's my opinion of the bill."

The municipalities contended the zoning provisions, which allowed the state to preempt local zoning ordinances that had been used to provide protections for residents against nearby drilling activity, was in violation of Article 1, Section 1 of the Pennsylvania Constitution.

Commonwealth Court on July 26 ruled in the municipalities’ favor, but attorneys for the state appealed the decision, route: {:controller=>"articles", :action=>"show", :id=>"state-appeals-court-ruling-that-portions-of-marcellus-shale-law-unconstitutional"} --> to the Supreme Court. and by