Troubling Win in PA Court Victory that Allows State Land Drilling
Last week MDN told you about the crushing defeat of the Pennsylvania Environmental Defense Foundation (PEDF) in one of the their many lawsuits to stop drilling in PA (see PA Court Rules to Allow More Leasing/Drilling of State-Owned Land). What’s kind of funny about it is that the very case they sought to win–the Act 13 case that allows local towns to impose their own zoning on drilling–was used against the PEDF in the decision. Citing the “Robinson” case some 16 times, the Commonwealth Court told the PEDF that yes, the state can lease state land for drilling and yes, the General Assembly can decide how and where they want to spend the money such activity raises. Even though the outcome (for pro-drillers) was a positive, the way the court got there–using the Robinson decision–is troubling for the Marcellus industry…
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It seems no one IS above the law, including Pennsylvania’s Attorney General, Kathleen Kane. She is, you may recall, anti-drilling and has targeted both large and small companies related to the Marcellus industry. She abused her office by filing criminal charges against XTO Energy for an accidental spill that occurred two years before she took office (see
In September 2012, three companies–DTE Energy, Spectra Energy and Enbridge–formed a joint venture to build a new Utica Shale pipeline from Ohio through Michigan and eventually into Canada, delivering Utica Shale gas to Midwestern markets (see