Litigation

One month ago Pennsylvania got the sad news that the state Supreme Court struck down important (and large) sections of the 2012 Act 13 Marcellus Shale drilling law (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). The disappointing aspect of the decision is that Chief Justice Ron Castille, a Republican, joined three Democrats on the bench in deciding to use, for the first time, PA’s Environmental Rights Amendment to create new rights that didn’t exist before (drunk on their own power?). In fact the basis on which Castille made his poor judgment was based on his admitted prejudiced view that drilling and fracking is inherently harmful to the environment–which of course is not the case (see Industry Vet Points Out Error in PA Supreme Court Act 13 Ruling).

One of the biggest problems with the PA Supreme Court decision is that the four justices agreeing to strike down zoning (and other) provisions in Act 13 could not agree on their reasons for doing so, weakening the decision’s usefulness in future cases. They also sent portions of the original case back to a lower court that, if those decisions go the wrong way, will totally wipe out the Act 13 law, sending PA back to the drilling stone ages again, without important environmental protections provided for under the law. Last week Penn State University law professor Ross Pifer analyzed the high court’s poor decision on a webinar call…
Read More “Ongoing Fallout from PA Supreme Court’s Wrong Act 13 Decision”

Timothy Merrill, a now-retired resident of western Pennsylvania who worked 40 years as a buyer and marketer in the natural gas industry, wrote a sterling analysis of the Act 13 decision by the PA Supreme Court a few days ago in the Pittsburgh Post-Gazette. In his article, Merrill points out the whopping error upon which Chief Justice Ron Castille (a Republican!) based his decision. Castille states in his decision he believes drilling and fracking are inherently harmful to the environment. Problem is, says Merrill, there’s 60 years of drilling and fracking history in PA that proves just the opposite (something called “evidence,” Mr. Chief Justice). Unfortunately Castille, along with the three anti-drilling Democrats on the high court, have now invented new rights that didn’t exist before–creating bad case law that will have a profound impact for years to come.

Here’s Merrill’s “what for” article that takes the disappointing Castille to the woodshed for his profound lack of judgment…
Read More “Industry Vet Points Out Error in PA Supreme Court Act 13 Ruling”

The decision in December by the Pennsylvania Supreme Court that essentially guts large portions of the Act 13 Marcellus drilling legislation that all of a sudden anti-drillers have started calling Gov. Tom Corbetts “signature legislation” (funny how they never called it that prior to the ruling in December), continues to stir controversy. Gov. Corbett’s administration has filed a motion with the court to have it reconsider parts of their decision and in the meantime has asked drillers to voluntarily obey certain provisions in the law, like drilling at least 300 feet away from certain areas (see Gov Corbett Requests Drillers Continue to Honor Act 13 Setbacks).

The Philadelphia Inquirer ran an article yesterday with more analysis of the decision and its repercussions. Interestingly, they either mistakenly, or more likely intentionally, ran a huge picture over the article of what appears to be a large crowd of protesters outside of the Philly Convention Center and identified the picture as being from a protest rally “last year.” It was not. How do we know? MDN editor Jim Willis was there–at the Shale Insight event–and there were no protests last year. There were perhaps a half dozen people standing around with signs at one point. The protest rally in the picture was from two years ago (Jim attended the Shale Insight event two years ago too)–which tells you something. The Marcellus protest movement in PA is losing steam–but it seems the Philly Inquirer editors are happy to lie to support their narrative…
Read More “Philly Inquirer Misidentifies Photo in Act 13 Article”

One of the unintended consequences of the recent PA Supreme Court ruling that struck down zoning provisions in PA’s Act 13 law is to weaken environmental protections–specially the distance away from rivers, streams, wells and other bodies of water that drillers sink a well. Act 13 provided for a minimum 300 foot “setback” from water sources, but that’s now out the window after the Court’s decision (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). PA Gov. Tom Corbett yesterday issued a call/challenge/request/plea to the drilling industry to maintain the setback standard in their drilling practices. The industry, via various representative organizations like the Marcellus Shale Coalition, has already responded that indeed they will continue to honor the setback provisions–even though the high court tossed them out. Which is just more evidence of responsible people working together responsibly to safely drill for natural gas and oil in PA. Even when the courts screw it up.

Here’s Gov. Corbett’s request, and the response by the drilling industry:
Read More “Gov Corbett Requests Drillers Continue to Honor Act 13 Setbacks”