Breaking News Act 13 Struck Down by PA Commonwealth Court! by Coryn S. Wolk, July 26, 2012, Protectingourwaters
This morning, the Pennsylvania Commonwealth court struck down some of the worst provisions of Act 13. This is a huge victory for Pennsylvania municipalities, residents, and anyone opposed to government favoring of industry over the health of its land and people. … What was struck down: Municipalities losing their power to decide their own zoning. The court ruled that the new zoning laws would prioritize oil and gas development over the more local, typical zoning concerns, like not having compressors droning day and night or your cattle poisoned. The court ruled that the commonwealth’s plan “violates substantive due process because it does not protect the interests of neighboring property owners from harm, alters the character of neighborhoods and makes irrational classifications.” In summary, “If a municipality cannot constitutionally include allowing oil and gas operations, it is no more constitutional just because the Commonwealth requires that it be done.”
Document: Commonwealth Court’s Ruling on Act 13
Landowner Jessica Ernst sues EnCana (Ovintiv) and Alberta government regulators over water contamination
