PA Court Overturns Zoning Section of Act 13 Drilling Law
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.
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The federal Environmental Protection Agency (EPA) issued a statement yesterday that they’re now officially finished with their investigation of Dimock, PA water wells. EPA testing of 64 wells in the area found elevated levels of arsenic, barium or manganese in four wells—all of those substances are naturally occurring. EPA has been delivering water to the four households, but since those households now have water treatment systems to fix the problem, as of August 6 the EPA will end all water deliveries. (Calling Josh Fox and Mark Ruffalo! We haven’t seen you in Dimock for a while. This is your last chance for another 2 hour visit/photo op. Better grab it while you can.)
Gov. Cuomo’s rumored plan to begin horizontal hydraulic fracturing of shale for oil and gas (mostly gas) in New York State is an important issue that threatens to fracture the alliance of those of us on the pro-drilling side of the debate. Many people (including MDN) are rightly outraged that not all landowners in all areas of the state will be given the opportunity to participate in drilling—at lease initially (if you believe the rumors about the governor’s plan).