Ongoing Fallout from PA Supreme Court’s Wrong Act 13 Decision
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…
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The fear-mongering continues by those who oppose shale drilling. One of the scare tactics used by anti-drillers is to say that frack wastewater and drill cuttings (leftover rock and dirt) are loaded with radiation and by disposing of it in landfills and via wastewater recycling facilities we’ll all end up irradiated, dying long slow deaths from cancer. Or worse yet, we’ll all become radioactive zombies. Hey, maybe someone could make a movie about that! (Unbelievably, they already have: see
This is an “inside baseball” kind of article. For those with a casual interest in Marcellus Shale drilling, you’re free to move along. For the rest of us, this is an important issue–and that issue is how fast do Marcellus Shale wells (really any/all shale wells) peter out? After you drill a well, how long does it take before the gas quits flowing in economic volumes? It’s certainly important for drillers investing millions and billions–and for landowners who receive royalties. It’s also important for companies that invest big money in processing plants and pipelines (the “midstream” sector) because those fixed costs take time to recoup and you want to be sure the gas flows long enough to make a profit.
The new mayor of New York City, Bill De Blasio, is anti-drilling and proud of it. Yesterday he told reporters he doesn’t want to see fracking anywhere in the state. That De Blasio–wow, what a deep thinker he is! Know where he gets his facts and information from about fracking? Watching movies like Gasland. Such intellectual heft. Such gravitas. The man is clearly smarter than any of the rest of us. Thank God he’s the new mayor.