Ross Pifer, Clinical Professor of Law
and Director of the Agricultural Law Resource and Reference Center at Penn
State, discussed the legal implications of municipal bans on hydraulic
fracturing on 90.5 WESA, Pittsburgh's NPR News Station. The discussion centered
around news that Youngstown, Ohio was considering a ban on hydraulic fracturing
similar to Pittsburgh's current ban. Professor Pifer discussed the interplay of the
different levels of government - federal, state, and local, and how
Pennsylvania's Act 13 provides municipalities the ability to regulate aspects
of natural gas production, if the municipality clears certain hurdles. Professor Pifer further stated that one of the Act 13 hurdles that required
municipalities to allow for the reasonable development of natural gas is currently
in front of Pennsylvania's Supreme Court. Professor Pifer said that the Court will
provide more clarity for what municipalities may regulate when it decides the
Act 13 case. However, Professor Pifer noted that no matter what the Supreme Court
determines, there are other hurdles that could make any municipality's ban
unlawful.
An audio clip of the discussion
may be found at: http://wesa.fm/post/
Written by: Tom Panighetti
September 25, 2013
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