PA PUC Appeals Act 13 Case to Supreme Court One More Time
It seems there’s still a bit of unfinished business with the ongoing, never-ending lawsuits around the Act 13 oil and gas drilling law in Pennsylvania. At least one final bit of unfinished business. You will recall that seven selfish towns sued the state over the Act 13 law and it’s provision that would substitute a statewide, uniform and fair set of zoning ordinances for drilling in place of a patchwork, crazy quilt system of local ordinances for oil and gas drilling. These seven selfish towns wanted their own ordinances and sued, ultimately winning at the Supreme Court (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). The PA Supremes couldn’t, however, be bothered with deciding every tiny bit of nuance and sent some items back to the lower Commonwealth Court for final decisions. One of those decisions was about whether or not the PA Public Utility Commission (PUC) has the right to review any local oil and gas ordinances for compliance with state standards, making the award of impact fee money to a town based on such compliance. The Commonwealth Court gutted that right, taking it away from the PUC in a July decision (see PA Court Says 7 Towns Can Keep Marcellus Money & Ban Drilling Too). The PUC has appealed that decision back up to the Supremes…
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One of the original seven selfish townships in Pennsylvania that sued the state over the Act 13 Marcellus Drilling law because of its zoning provisions–and won–has just become less selfish. In fact, the town, Robinson Township in Washington County, PA, has done a complete reversal. Two of the three anti-drilling supervisors were voted out of office last November. On their way out they tried to pull a fast one by passing super restrictive zoning (in December). Last night, the incoming two supervisors who are pro-drilling repealed the law and passed one of their own that’s favorable to the drilling industry. Below we take a look at Robinson’s complete reversal, which offers a fascinating preview into what’s coming to townships across New York State when Gov. Andrew “man child” Cuomo finally decides to make a decision to allow fracking…
Two “independent” administrative law judges for the Pennsylvania Public Utility Commission have dealt what could be a major blow to Sunoco Logistics’ request to have the Mariner East NGL (natural gas liquids) pipeline declared a public utility. The two judges–David Salapa and Elizabeth Barnes–handed down a decision yesterday that denies Sunoco’s request to have 18 pump and 17 value stations (in 31 locations) that would need to be built along the 300+ mile pipeline exempt from local zoning ordinances. If the pipeline is considered a public utility it would be exempt from local ordinances. Without that exemption, Sunoco Logistics faces a nearly impossible task of trying to gain permission to build the necessary new stations. Below is a copy of the decision, and MDN’s background on this important pipeline project, along with a “where do we go from here” analysis…
Yesterday MDN wrote a summary and interpretation of an article appearing in the Harrisburg Patriot-News about the recent court decision known as EQT Production v. Opatkiewicz, et al (see 
Yesterday the 70,000-member Joint Landowners Coalition of New York (JLCNY) along with several individual landowners filed an appeal in their Article 78 lawsuit that was dismissed by a lower court in Albany County, NY earlier this month. You may recall that the JLCNY sued NY Gov. Andrew Cuomo, Dept. of Environmental Conservation Commissioner Joe Martens, and state Health Dept. Commissioner Nirav Shah over their refusal to deliver fracking regulations (see 
The seven Pennsylvania townships that sued and ultimately won the right to gut the Act 13 law over zoning regulations (Robinson, Nockamixon, South Fayette, Peters, Cecil, Mount Pleasant, and the Borough of Yardley) don’t want drilling in their townships, but they sure love the money that comes from drilling. In addition to gutting the zoning provisions in the Act 13 law, the towns bridled when the Public Utility Commission (PUC), acting in accordance with the Act 13 law, withheld money from four of the seven towns for their anti-drilling ordinances that violate state oil and gas drilling law. Yesterday the court said the PUC couldn’t do that anymore–further gutting Act 13. However, three other outstanding issues about Act 13 were decided in favor of the drilling industry, including the so-called doctor “gag rule”…