Act 13 Challenge Upheld by PA Supreme Court

[grntuscarora]

Just saw the above headline posted by Marcellus Protest. If this is true, I will be partying tonight!

http://www.marcellusprotest.org/content/act-13-challenge-upheld-pa-supreme-court

Anyone have more info?

ETA Another link: http://www.bizjournals.com/pittsburgh/news/2013/12/19/supreme-court-declares-part-of-act-13.html

[JPZenger]

1. Here's the court decision

http://www.pacourts.us/assets/opinions/Supreme/out/J-127A-D-2012oajc.pdf?cb=1

The PA. Supreme Court has ruled that provisions of a state law pushed by Corbett, Republican legislators and frackers is unconstitutional. The law pre-empted the ability of local governments to regulate the locations of most types of gas industry facilities, including wells. It also limited the ability to regulate the location of compressor facilities and similar industrial uses.

The law had forced municipalities to allow gas wells and related facilities in highly residential areas and environmentally sensitive areas targeted for conservation.

After Orie-Melvin was forced to resign, there was a 4-4 split on the court between Repubs and Dems, and it took the court well over a year to make a decision. The frackers tried to get the case re-heard with a new republican justice so they could get 5 votes to uphold the law.

After this law passed, there was a public backlash against it. As a result, a couple Republican legislators got their particular suburban area exempted from the law.

[grntuscarora]

2. I am pleased.

[jessewhite46]

3. Act 13 Supreme Court decision

This impacts many of the communities I represent in the PA Legislature. Here is my release on the decision.

http://supportjesse.com/2013/12/19/breaking-news-pa-supreme-court-rules-in-favor-of-local-communities-constitutional-protections-in-landmark-act-13-decision/

[bluesbassman]

4. Welcome to DU Jesse, and thanks for your efforts.

These types of rulings not only benefit the localities, but the Nation in general as we all look to how energy needs and environmental quality mesh.

[grntuscarora]

5. Thank you, Rep. White!

There are many happy Pennsylvanians tonight, and although not from your district, I am one of them. Thank you for all you did!

[Curmudgeoness]

6. Thanks for your efforts.

Welcome to DU. Don't be a stranger, we could use information from the horse's mouth.

[MrMickeysMom]

8. Welcome to DU!

I'm an off-going member of municipal council (Monroeville) who signed on as a friend of the court. I'm so happy that you ventured a visit here.

Keep coming back!

[MrMickeysMom]

7. Here's an AP link to the story...

http://abcnews.go.com/US/wireStory/pa-court-sides-towns-gas-drilling-fight-21282266

[JPZenger]

9. Has Castille become Corbett's worst nightmare?

It was expected this would be a straight party line vote. Instead, Republican Ron Castille voted to overturn the prohibition on local regulation. He also cast the deciding vote to overturn the initial Republican gerrymandering plan for the legislative districts.

Castille will be forced to retire in March 2014 when he hits 70 years old. There will probably be a Dem in the Governor's office at that time, who can select his replacement (subject to 2/3rds Senate confirmation).