Monday, December 23, 2013

Update: PA Supreme Court Rules Municipalities Can Ban Fracking through Zoning

In our recent post we discussed the fight over municipalities banning fracking and the 2012 challenge to portions of Pennsylvania Act 13 related to zoning. The Pennsylvania Supreme Court took up the challenge and ultimately ruled that provisions of Act 13 that revoked municipalities’ ability to make zoning decisions regarding fracking were unconstitutional. In a recent 4-2 decision the court upheld its earlier ruling that allowing oil and gas development to preempt local zoning regulations is unconstitutional. The majority opinion was rooted in the grounds that zoning restrictions violated the Environmental Rights Amendments of the state’s constitution. Click here for the 160+ page decision.     

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