Pa. Court Declares New Oil and Gas Act’s Zoning Provisions Unconstitutional
August 2, 2012
HARRISBURG, Pa. — A Pennsylvania court has overturned legislation that gave state officials broad control over the siting of gas and oil wells, saying it unconstitutionally intruded on local officials’ zoning authority. Robinson Township, Washington Cty., Pa., et al. v. Commonwealth of Pennsylvania, et al., No. 284 MD 2012 (Pa. Commwlth. Ct.).
The Commonwealth Court found for petitioners on four counts challenging the act’s zoning provisions July 26, and sustained Pennsylvania's challenges to other counts by failing to reach a majority decision. The court filed an amended opinion July 31 to amend a footnote.
Robinson Township and 10 co-plaintiffs questioned ...