Pennsylvania's Act 13

Seven municipalities came together to file a lawsuit against the Commonwealth of Pennsylvania arguing that lawmakers unconstitutionally are taking away the landowner’s power to control their property and placing the power in the hands of the oil and gas industry.

The 117 page document was filed with the Commonwealth Court in Harrisburg. The municipalities involved in the suit are all located in Pennsylvania and include:  Robinson, Peters, Cecil, Mount Pleasant, South Fayetter, Nockamixon, and Yardley.

“By crafting a single set of statewide zoning rules applicable to oil and gas drilling throughout the commonwealth, the Pennsylvania General Assembly provided much sought-after predictability for the oil and gas development industry,” states the lawsuit.

Act 13Signed into law by governor Tom Corbett. This law will further protect the environment as well as tighten the regulations on the natural gas industry., signed in February by Governor Tom Corbett, creates statewide standards for where wells can be located and related operating provisions.

Municipal officials will have 120 days from April 14 to create more strict provisions than the state standard, after which point drillers can file challenges with the Public Utilities CommissionA governing body that regulates the rates and services of a public utility..

The citizens of Pennsylvania feel as if their concerns regarding property values were pushed aside to elevate the interests of oil and gas companies, and no concern was directed to the property owner.  Several land-use lawyers have stated that the new law (Act 13Signed into law by governor Tom Corbett. This law will further protect the environment as well as tighten the regulations on the natural gas industry.) seemed unique in its detail to limiting what a municipality can require when it comes to exploration of Marcellus ShaleA fine grained sedimentary rock composed mostly of consolidated clay or mud. Shale is the most frequently occurring sedimentary rock.ShaleA fine grained sedimentary rock composed mostly of consolidated clay or mud. Shale is the most frequently occurring sedimentary rock. is one of the most highly productive types of sedimentary rock whose density provides tight stores forhydrocarbon reserves below. Marcellus ShaleA fine grained sedimentary rock composed mostly of consolidated clay or mud. Shale is the most frequently occurring sedimentary rock. is a rock formationA body of earth material with distinctive and characteristic properties. running through about two-thirds of Pennsylvania, and areas of New York and West Virginia. Geologists estimate that there is a large enough natural gas reserve within the shaleA fine grained sedimentary rock composed mostly of consolidated clay or mud. Shale is the most frequently occurring sedimentary rock. to power the United States for one to eight years..

The final law was negotiated in private by Corbett’s fellow Republicans who control the state Legislature. Only seven Democrats voted for it, while 13 Republicans voted against it.