A deeply split en banc Commonwealth Court panel has invalidated as unconstitutional amendments to the state’s Oil and Gas Act requiring municipalities to adopt uniform zoning ordinances that would allow drilling in all zoning districts.
The court ruled 4-3 to overturn Section 3304 of 58 Pa.C.S., known as Act 13 of 2012, reasoning that requiring municipalities to bring their zoning ordinances into compliance with Act 13 means forcing local governments to violate substantive due process by allowing incompatible uses in their districts.
