Thursday, August 16, 2012
A caveat in state law had lawyers arguing in Commonwealth Court Wednesday over a legal technicality that left Act 13 provisions in effect despite an earlier ruling indicating they were unconstitutional.
Cecil attorney John Smith said Thursday that 99 out of 100 municipalities in Pennsylvania might not have realized it, but despite a Commonwealth Court ruling that struck down portions of Act 13—the state’s new Marcellus Shale law—as unconstitutional July 26, the provisions were still technically in effect the next day. That’s because of a caveat in state law dictating that the decisions of a lower court in which the state is a defendant are stayed until an appeal is hashed out. The state appealed the ruling July 27. That’s why Smith said he travelled to Harrisburg to argue that the Commonwealth Court reinstate its order—telling the judge that it would cause “chaos” at the municipal level and give officials a no-win scenario if the law was …
Wednesday, August 1, 2012
'With so many cards finally out on the table, the next few months should clearly demonstrate who is really looking out for a responsible, transparent way to develop natural gas in Pennsylvania, and who is only looking out for themselves.'
Last week, the Pennsylvania Commonwealth Court declared portions of Act 13, the law passed earlier this year regarding natural gas drilling in the Marcellus and Utica Shale, to be unconstitutional. The specific parts struck down dealt with the preemption, or taking away, of the rights of municipalities to use zoning ordinances to ensure safety, accountability and responsibility in oil and gas development. Our region figured prominently in the fight: Cecil, Mt. Pleasant, Robinson, South Fayette and Peters Townships were all plaintiffs, and as a legislator I filed an amicus curiae brief in support of the effort. The court’s ruling has left many people who care about the issue of natural gas development asking a simple question—what happens …
Friday, July 27, 2012
Local lawmakers gave their two cents on the issue, while Southpointe-based Range Resources—a Marcellus Shale industry leader—remained mum.
One local lawmaker called Thursday’s state Commonwealth Court ruling to strike down portions of Act 13—the state’s newly enacted legislation regulating Marcellus Shale drilling—a “major victory” for residents and local government bodies. State Rep. Jesse White, D-Cecil, was an outspoken opponent of the bill, and he said after the ruling that he hopes the decision to give the power of regulating the zoning aspects of Marcellus Shale drilling back to local government bodies instead of the state will promote “responsible” development of shale play. "Hopefully we can now stop the bullying and the buying-of-influence and truly work together to develop a responsible approach that will allow development of Marcellus Shale while creating a …
Thursday, July 26, 2012
The state Commonwealth Court issued its opinion Thursday morning—calling those provisions unconstitutional.
This story was updated at 12:52 p.m. to include a recently released statement on the ruling by the Marcellus Shale Coalition. The state Commonwealth Court on Thursday struck down portions of Pennsylvania’s newly enacted legislation governing Marcellus Shale operations—also known as Act 13—as 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 …
Ed Vicheck
12:45 pm on Thursday, September 13, 2012
Sorry I wanted to give you this. http://www.iclei.org/index.php?id=11454 more ›