PA. Supreme Court stops part of state law that pre-empted local regulation of fracking activities
The Republicans forced through a law that prevented local municipalities from regulating most fracking activities, including well locations, compressor stations, waste ponds, etc. The law basically said that fracking must even be allowed in the most residential and environmentally sensitive areas of a municipality.
The law also gave the Public Utility Commission the authority to review local ordinances. If the ordinance was too restrictive on fracking, that municipality would not receive any impact fees.
The mid-level state appeals court overturned the whole law last year. Everyone has been waiting for the State Supreme Court to make a decision, but it has been delayed because one of the "justices" resigned after her felony convictions. The assumption was that the court was deadlocked with a tie vote on whether to overturn the law. Now, a new moderate justice has been approved in the convict's place.
In the first round of the Supreme Court's decision making on this case a couple days ago, they ordered the PUC to stop enforcing their part of the law. The big final decision will hopefully be coming up soon.
http://www.paenvironmentdigest.com/newsletter/default.asp?NewsletterArticleID=26108&SubjectID=
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