Act 13 Challenge Upheld by PA Supreme Court

[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.