The Pennsylvania Supreme Court Thursday let stand a Commonwealth Court order requiring the Public Utility Commission to discontinue the review of local ordinances under the Act 13 Marcellus Shale drilling law.

The PA Supreme Court has not yet ruled on the main challenge to the provisions in Act 13 prohibiting municipalities from regulating oil and gas operations under local zoning laws.  The Court held a hearing on the case on September 17 of last year.

After the Commonwealth Court issued an injunction blocking implementation of Act 13’s zoning provisions in July 2012, the Public Utility Commission nonetheless sought to implement the Act by reviewing municipal zoning ordinances.

In October 2012, the Commonwealth Court ordered the PUC to “cease and desist” from implementing certain parts of Act 13, specifically the provisions under which the PUC would have a role in reviewing and approving municipal zoning ordinances. The PUC appealed that order, and the Delaware Riverkeeper Network and other plaintiffs opposed the PUC’s appeal.

The Supreme Court “quashed” the PUC’s appeal of the October order in their action Thursday. The result is that the Court will not be reviewing the Commonwealth Court’s October order directing the PUC to halt implementation of the Act. No opinion accompanies the order.

Jordan Yeager, counsel to the Delaware Riverkeeper Network, Nockamixon Township and Yardley Borough, stated, “As a result of today’s ruling the PUC cannot review local zoning ordinances under Act 13 while the Supreme Court determines whether to uphold the Commonwealth Court’s decision finding Act 13 unconstitutional. This ensures certainty for local municipalities until the Court renders a final decision.”

Maya van Rossum, the Delaware Riverkeeper, added, “That the Corbett Administration continues to invest money, time and resources in implementing elements of Act 13 declared unconstitutional and therefore defunct by the Court stresses the Governor’s focus – it is not about jobs, or budgets, or making or saving the State money, it is about getting drilling in every corner of the Commonwealth no matter what!”

NewsClip: Court: PUC Should Stop Reviewing Local Ordinances Under Act 13

7/29/2013