In the August 28, 2012, column in this series, "Natural Gas and Zoning: The Commonwealth Court’s Act 13 Decision," David G. Mandelbaum discussed Robinson Township v. Public Utilities Commission, 52 A.3d 463 (Pa. Commw. Ct. 2012), holding Act 13′s zoning pre-emption to be unconstitutional. He ended by posing the broader question of whether states or municipalities ought to regulate natural gas development. The New York courts have held that local regulation (or prohibition) of hydraulic fracturing ("fracking") is not pre-empted by New York state law. The issue Mandelbaum raised last August is framed more clearly now.
The United States is in the midst of an ongoing conversation about whether the federal government should intervene and begin aggressively regulating the fracking process. The argument has been made that fracking may have huge environmental impacts some of which may cross state lines that individual states cannot effectively manage.
