Litigation

Pennsylvania’s Act 13 shale drilling law, passed earlier this year, is facing a stiff legal challenge to a key provision in the law. The only part of the law challenged in court is the part replacing the ability of local municipalities to enact zoning ordinances to control where, and if, drilling happens within their borders. Act 13 substitutes a common set of zoning restrictions—drilling must be at least X feet from water wells, schools, etc. Seven brave townships in PA sued to have that provision overturned. MDN says “brave” not because we necessarily support their effort, but in contrast to the cowardly towns and cities and organizations who haven’t put up their own money and time but instead have issued press releases to support the seven who have.

Who are the cowardly towns and organizations? Let’s name some names, shall we?

Read More “Cowardly “Me Too” Towns Support Act 13 Lawsuit in 11th Hour”

We now have a specific date and location for when and where oral arguments will be heard in the court case challenging zoning provisions in the newly passed Act 13 drilling law in Pennsylvania:

Read More “Date Established for PA Supreme Court Case on Act 13”

A quick update on the Act 13 lawsuit before the Pennsylvania Supreme Court: Lawyers for the state, on behalf of the governor, the Dept. of Environmental Protection and the Public Utility Commission, filed a 45-page brief yesterday defending the law. The seven towns suing the state to overturn the zoning portions of Act 13 (the part that disallows local municipal control over the siting of drilling and compressor plants, etc.) will file their brief later this month.

Among the arguments made by the state in defending the zoning portion of Act 13:

Read More “PA Lawyers in Act 13 Lawsuit Say State Legislature has “Supreme Authority””

A court filing by state officials yesterday—including the Commonwealth of Pennsylvania, the Pennsylvania Public Utility Commission, the Attorney General and the Dept. of Environmental Protection—asks the PA Supreme Court to expedite an appeal of the Act 13 zoning case. Last week the appellate court in PA ruled against the state’s new Act 13 law zoning provisions (see this MDN story). According to Gov. Tom Corbett, without the zoning portions of Act 13, the new law will be gutted.

Read More “Officials Ask PA Supreme Court to Hurry Up with Act 13 Case”

Last week the Pennsylvania Commonwealth Court, the “appellate” court in PA, ruled in favor of seven towns who had sued the state over the zoning portion of the newly enacted Act 13 drilling law (see this MDN story). At the time Gov. Tom Corbett said he would appeal the decision and he has made good on his word. The case now heads to the Pennsylvania Supreme Court.

Read More “PA Gov. Corbett Appeals Act 13 Zoning Case to Supreme Court”

The Pennsylvania Commonwealth Court (the appellate court in PA) yesterday issued ruling on the zoning portion of the newly enacted Act 13 drilling law—and they ruled it unconstitutional. A full copy of the court’s opinion and ruling is embedded below. This is round two in the court fight. Round three, an appeal to the PA Supreme Court, will almost certainly come from Gov. Tom Corbett (he has as much as promised it).

MDN will give our overview of what the court decided, and of the dissenting opinion. But one thing caught our eye right away. MDN has made the argument several times that the Delaware Riverkeeper Network has no standing to be part of the lawsuit against the state and against Act 13 (see this MDN story). The good news with yesterday’s decision is that the justices tossed the Delaware Riverkeeper Network from the lawsuit, saying (as MDN has all along) they have no standing to participate and bring the suit in the first place. It’s a small and symbolic victory for those of us who support drilling, but a victory nonetheless.

Read More “PA Court Overturns Zoning Section of Act 13 Drilling Law”