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JPZenger

(6,819 posts)
Thu Aug 15, 2013, 05:59 PM Aug 2013

State Desperate to Allow Repub Justice to Cast Deciding Vote to Preempt Local Fracking Regulation

http://canon-mcmillan.patch.com/groups/politics-and-elections/p/attorney-in-act-13-challenge-reargument-fo-case-could-open-pandoras-box

Last year, the PA. Legislature passed a law that prevents local governments from limiting the locations of gas wells and many other gas industry facilities. As a result, gas wells, waste ponds, etc. can be placed in dense residential areas and sensitive natural areas.

The Commonwealth Court found that the law was invalid. The decision was appealed to the State Supreme Court. Just when the law was about to be put back into effect by a 4-3 party line vote, the swing vote was convicted of felonies for corruption (made all the worse by her sloppy evidence tampering) and ordered to stay in her home. (Notice a pattern in punishment of politicians?)

It was then about to be a 3-3 vote, which would have meant the Commonwealth Ct. decision applies and local governments could regulate gas industry locations.

Then, Corbett appointed a Republican to fill the missing seat. However, apparently, that new Justice cannot provide the essential swing vote because he was not on the court when the case was heard. So now the state is trying to get the court to "re-argue" the case so the swing vote can vote.

An attorney noted that it does not pass the smell test, considering that Corbett is a party to have the law put into effect, Corbett filed for the re-argument, and Corbett recently appointed the Justice.

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