A Commonwealth Court panel wrongly struck down zoning provisions in the Act 13 amendments to the state’s Oil and Gas Act, according to briefs filed on September 4 by attorneys representing the state government, the Corbett administration and the Public Utility Commission.
The briefs said that the Commonwealth Court panel, in its July 26 opinion, “failed to acknowledge and uphold the supreme authority of the legislature” over Pennsylvanias local governments. The rejected provision in the law prohibited local governments from changing their zoning ordinances to prevent natural gas drilling within their boundaries.
The Corbett administration and numerous business groups immediately appealed the decision.
Gene Barr, president of the Pennsylvania Chamber of Business and Industry, said the lower court ruling has broad implications beyond regulation of Marcellus Shale activity.
“The end result of the Commonwealth Courts split ruling with regard to natural gas drilling is that it threw out a common sense law that would allow for development in an efficient manner,” Barr said. “Portions of Act 13 achieved a proper balance between state and local government in the regulation of the commonwealths natural resources.”
The chamber and other statewide business groups filed an amicus brief.
J.L.K.
