Judge Rules Act 13 Zoning Unconstitutional During Appeal

The ongoing and currently unresolved court case in Pennsylvania over PA’s newly passed Act 13 law has an interesting new twist. You may recall a few weeks ago the middle-level Commonwealth Court in PA upheld a lower court ruling striking down the zoning provisions in the new Act 13 drilling law (see this MDN story). Those provisions under Act 13 substitute statewide zoning rules for oil and gas drilling in place of any local restrictions. Seven townships sued to have that portion of the law struck down and so far two courts have agreed. It’s now on appeal to the PA Supreme Court.

However, while the decision of the lower courts is on appeal to the Supreme Court, the original zoning portion of Act 13 was still in effect—until a judge’s order on Wednesday.

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