Pa. Supreme Court jolts shale industry

[onehandle]

Source: Philadelphia Inquirer

The Pennsylvania Supreme Court on Thursday struck down provisions of the state's Oil and Gas Act that stripped municipalities of the power to determine where natural gas drilling activity could occur within their boundaries.

The long-awaited decision is a blow to a 2012 law known as Act 13 that was promoted by Gov. Corbett and the Marcellus Shale natural gas industry as a means to create a uniform statewide standard for gas development.

By a 4-2 vote, the court ruled that the zoning provisions in the law were unconstitutional, though the court disagreed on the grounds for striking down the law.

"The bottom line is that the majority of the court agreed that Act 13 is unconstitutional, and that local governments can zone oil and gas drilling like they do other activities," said Jordan B. Yeager, a Doylestown environmental lawyer who argued the case on behalf of several municipalities.

Read more: http://www.philly.com/philly/business/20131220_PA__Supreme_Court_jolts_shale_industry.html

[malthaussen]

1. Rec-a-million.

If Pennsylvania -- and the rest of our poor, beleaguered country -- ever digs itself out from under the mess the GOP has created, it will be the courts that have led the way. The Legislatures may pass 'em, but the courts can still overturn 'em.

-- Mal

[elleng]

4. Yes, Mal!

[djean111]

5. The TPP will overturn this - if local or federal laws affect profits, the investor can sue and has

successfully done so. So I am extremely interested in if this ruling will hold up in the future.
I understand Dallas has passed a law that says almost no fracking in city limits, too. Hopefully someone will ask the architects of the TPP and other treaties that are being amended whose rights will be paramount - the investor states or the citizens.

[alittlelark]

2. KnR for grerat news !!

[elleng]

3. EXCELLENT!

[packman]

6. Grew up in Pennsylvania

and the gas,oil,shale and now fracking people will find a way around it, and I'll bet a case of Fort Pitt Beer on it (if it is still being brewed) and a pound of Kielbasa.
There was so much local corruption going on in those small municipalities that reasonable people welcomed the federal government intervening because there was no chance of justice at the local level which was rotten to the core.

[ConcernedCanuk]

7. Signs of the times . . .

.
.
.







Da ya think the Oil/Gas companies give a shit?

(sigh)

CC

[MyOwnPeace]

8. Well,

this is NOT gonna' leave Governor Tom Corporate very happy...........

[enough]

9. Ruling also affects PA gag order on doctors.

snip from the article>

The Supreme Court also overruled Commonwealth Court's decision not to grant standing to an Allegheny County doctor who challenged the "physician gag order" provision in Act 13. That provision allows drilling companies to hand over proprietary information on chemical additives only "if the health professional executes a confidentiality agreement."

Mehernosh Khan said the law prevents doctors treating people who may have been exposed to drilling-related chemicals from disclosing information on the materials.

"In light of Dr. Khan's unpalatable professional choices in the wake of Act 13, the interest he asserts is substantial and direct," the Supreme Court said. Its ruling means Khan can now challenge the law in court.

snip>

[BlancheSplanchnik]

10. + one zillionskillionbajillion. n/t