Thursday, August 1, 2013

PA Supreme Court quashes PUC appeal of order staying ordinance review

On July 25, 2013 the Pennsylvania Supreme Court quashed a notice of appeal filed by the Pennsylvania Public Utilities Commission from a 2012 order that stayed its review of local ordinances under Act 13 of 2012.

If the PUC found an ordinance to be in conflict with Act 13’s drilling regulations, the municipality would not receive any portion of the impact fees paid out to areas affected by drilling under Act 13. Following the Commonwealth Court striking down portions of Act 13 in 2012, the PUC continued to review local ordinances under Act 13’s surviving provisions. The Robinson Township brought suit, and as part of the ongoing litigation surrounding the constitutionality of Act 13, the Pennsylvania Commonwealth Court stayed the PUC’s review of local ordinances that regulate gas drilling in 2012.

For more information on the Act 13 proceedings, visit the Penn State Law Marcellus Shale Resource Area and the PA Courts’ website.

Written by: Garrett Lent, Research Assistant
Agricultural Law Resource and Reference Center
August 2013

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