From the Delaware Riverkeeper
Industry watchers accuse the Penna. judges of bias in this case
From an Article by Dan Zukowski, EcoWatch.com. September 30, 2016
The Pennsylvania Supreme Court has ruled that the state’s controversial Act 13 is unconstitutional, calling it a special law that benefits the shale gas industry. The massive Marcellus Shale formation, which underlies a large area of Western Pennsylvania, provides more than 36 percent of the shale gas produced in the U.S.
The Pennsylvania State Legislature passed Act 13 in 2012 and it was almost immediately challenged by seven of the state’s municipalities along with the Delaware Riverkeeper Network and a private physician. The onerous law enabled natural gas companies to seize privately owned subsurface property through eminent domain, placed a gag order on health professionals to prevent them from getting information on drilling chemicals that could harm their patients, and limited notification of spills and leaks to public water suppliers, excluding owners of private wells that supply drinking water for 25 percent of Pennsylvania residents. Act 13 also pre-empted municipal zoning of oil and gas development.
“The decision is another historic vindication for the people’s constitutional rights,” stated Jordan Yeager, lead counsel on the case representing the Delaware Riverkeeper Network and Bucks County municipalities on the case. “The court has made a clear declaration that the Pennsylvania legislature cannot enact special laws that benefit the fossil fuel industry and injure the rest of us.”
On Dec. 19, 2013, the state Supreme Court issued a narrow ruling on the grounds that the law violated the Environmental Rights Amendment of the Pennsylvania Constitution. That ruling returned local zoning rights to municipalities. It also ordered the state Commonwealth Court to reconsider other provisions. The ruling by the Supreme Court issued Wednesday addresses those rulings and should end the litigation.
The state Supreme Court held that the gag order and exclusion of private wells from notification were all unconstitutional. The ruling prohibits the state Public Utility Commission from having oversight on local ordinances and from withholding certain payments from municipalities that limit shale gas drilling.
In its ruling, the state Supreme Court wrote that the eminent domain provision of Act 13 “is unconstitutional on its face, as it grants a corporation the power of eminent domain to take private property for a private purpose, in violation of the Fifth Amendment of the United States Constitution and Article I, Sections 1 and 10 of the Pennsylvania Constitution.”
“A majority of our state legislators joined with the oil and gas industry in placing corporate desires and profits over the constitutional rights of Pennsylvania citizens,” said John Smith, the attorney who represented four Western Pennsylvania municipalities in the case. “The Pennsylvania Supreme Court correctly found that the constitution is not a document to be ignored.”
The gas industry appeared to shrug it off. “It’s not a big deal in the grand scheme of things,” said energy attorney Michael Krancer, referring to the court’s decision. Krancer was secretary of the Pennsylvania Department of Environmental Protection when the law was passed.
The industry-side Marcellus Drilling News pulled no punches in its reaction to the ruling. They called the plaintiffs “seven selfish towns” (twice in one paragraph) and blamed the ruling on “four left-wing Democrat judges.” But even they admitted that, for all practical purposes, Act 13 is now dead.
See also: www.FrackCheckWV.net
Point Your RSS Reader to FrackCheckWV.net/feed/
{ 2 comments… read them below or add one }
Sustaining shale: High court ruling will help industry in long run
Editorial, Pittsburgh Post Gazette, October 2, 2016
While there will always be opposition to Marcellus Shale drilling, the industry must do a better job of cultivating public support and demonstrating that fracking can be done safely. That is why a state Supreme Court ruling Wednesday will be good for the industry in the long run.
The court struck down parts of a 2012 industry-friendly law that widened the gulf between drilling’s supporters and detractors. Struck down were provisions limiting mandatory notification of spills and leaks to public water agencies, meaning citizens who use wells for drinking water could be kept in the dark; eminent domain provisions, which could have allowed gas storage companies to use subsurface voids without the property owners’ consent; and a “gag rule,” limiting the information doctors can obtain and share about fracking chemicals.
The court also overturned a provision that allowed the Public Utility Commission to withhold impact fees from municipalities unfriendly to drillers. The court determined that the provisions amounted to a “special law” favoring the fracking industry, and special laws are prohibited under Article 3 of the Pennsylvania Constitution.
It’s easy to see why gas companies embraced this law and why critics felt besieged. The court’s ruling potentially adds cost and complications to industry operations. However, it also helps to level the playing field and reset the relationship among the companies, the property owners leasing to them, other supporters and industry critics. Transparency, especially in environmental matters, and respect for private property rights are crucial to the industry’s long-term future.
The court’s ruling also should send a message to lawmakers who approved the 2012 law. They need to do a better job of balancing the needs of industry and the concerns of opponents. They should seize the opportunity to reset the conversation about industry regulation and taxpayer expectations.
David Spigelmyer, president of the Marcellus Shale Coalition, said the 2012 law “modernized” regulation of the industry and that striking down key parts impedes development without bringing about any substantive environmental or safety gains. That is debatable. The Marcellus Shale is a tremendous boon to Pennsylvania, and operators’ investments are likely to yield dividends well into the future. The court’s ruling is not a step backward for the industry but an opportunity to press forward with a better game plan.
Meet the Editorial Board at:
http://www.post-gazette.com/opinion/editorials/2016/10/02/Sustaining-shale-High-court-ruling-will-help-industry-in-long-run/stories/201610300005
See also: www.FrackCheckWV.net
“EARTH AT RISK”. LINK-TV, Tuesday Noon, October 4th.
Channel 9410, DISH Satellite TV. (Also on You Tube).
SPEAKER: Thomas Linzey is Chief Counsel for the Community Environmental Legal Defense Fund (CELDF).