Court Strikes Down State Zoning for Marcellus Shale Drilling

Pennsylvania's Commonwealth Court ruled Thursday that portions of Pennsylvania’s newly enacted legislation governing Marcellus Shale operations—also known as Act 13—is unconstitutional.

The petitioners included a cluster of Washington county communities, an environmental group and a medical doctor who all argued that the new law prevented local officials from protecting the health and safety of their residents.

In its ruling, the court said that requiring municipalities to change their zoning rules in a way that would conflict with their development plans "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 -- irrational because it requires municipalities to allow all zones, drilling operations and impoundments, gas compressor stations, storage and use of explosives in all zoning districts, and applies industrial criteria to restrictions on height of structures, screening and fencing, lighting and noise."

solicitor John Smith, who argued against the new law before the court, was pleased.  “I think it’s a great day for local government and a great day for Pennsylvania,” he said.

“Our system of checks and balances worked. The Legislature overstepped, and the court did its job declaring portions of Act 13 as unconstitutional.”

To read the entire opinion, click here.

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