An oil and gas drilling regulation that sought to cure a fatal flaw in a section of Act 13 has met its demise as a result of that earlier defect.

The Commonwealth Court in Marcellus Shale Coalition v. Pennsylvania Department of Environmental Protection struck down a provision in the oil and gas regulations contained in Chapter 78a of the Pennsylvania Administrative Code requiring the Pennsylvania Department of Environmental Protection to consider, as part of the well permitting process, comments and recommendations submitted by municipalities.