PUC, DEP Ask State Supreme Court to Rehear Argument in Act 13 Case

Two state agencies on Tuesday filed a petition asking the state Supreme Court to rehear argument in a court case regarding the Marcellus Shale drilling law known as Act 13.

Attorneys for the Public Utility Commission and the state Department of Environmental Protection made the request because they want the entire court to hear the case revolving around the state's new law governing Marcellus Shale drilling—not just the six judges who heard argument in the case this past October.

Just last week, Correale Stevens, a Republican appointed by Gov. Tom Corbett, was appointed to replace former Judge Joan Orie Melvin.

The attorney leading the challenge to Act 13, John Smith, made the following statement:

"We will be opposing this request. Last August these very same parties asked the six sitting justices not only to hear its appeal from an en banc panel of the Commonwealth Court that ruled that the zoning provisions of Act 13 that allow industrial applications including frac ponds 300 feet from all homes, schools and businesses throughout Pennsylvania were unconstitutional, but to expedite the appeal, process and the decision. Now a year later after the court heard argument and reviewed briefs they want to start over? We remain confident that the six justices who ordered that the argument and its decision be expedited are capable of rendering a fair and timely decision as they have done with every single case that has come before them without the need to restart the process."

Several municipalities, including Cecil and Peters, challenged portions of Act 13. A Commonwealth Court judge sided with those communities, striking down portions of the act regarding zoning.

The judge ruled that the pre-emption of local zoning ordinances was unconstitutional.

That ruling has been appealed and awaits a decision by the Supreme Court.

The Corbett administration also appealed the recent decision by the Supreme Court prohibiting the PUC from reviewing local municipal ordinances as a condition of receiving local impact fee money.

The PUC attempted to withhold money in 2012 from Cecil Township after a complaint made by resident Alan Rank, who later confirmed in a public meeting that he received assistance from Range Resources in filing the complaint.

For more information on the petitions filed Tuesday by the DEP and PUC, click here to read a report published in the Pittsburgh Tribune Review.