PA ACT 13 Ruled Unconstitutional

What will this mean for all the proposed drilling in PA? I heard that CHK would pull out of PA if this was overturned. Not so sure how reliable the source was though.

http://stateimpact.npr.org/pennsylvania/2012/07/26/commonwealth-cou...

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Permalink Reply by craig on July 26, 2012 at 2:42pm

I didn't read it to say the whole Act was deemed unconstitutional, basically  just the local zoning part was....at least that is my take. Correct me if I'm wrong.

Permalink Reply by mlb on July 26, 2012 at 4:19pm

The local zoning part ( unless I'm wrong ) is the key part of the equation messing things up though, correct?

Permalink Reply by Frank Nesmith on July 26, 2012 at 8:11pm

Basically, from what I gather, it was the zoning part. Even Pittsburgh declared no drilling in their limits. There will be lots of scrambling to get zoning laws enacted to severely limit drilling. I'm seeing this as having huge implications. Municipalities have to allow drilling but can regulate it to certain part of the town. What then happens to all those leases that are in residential and agricultural areas? Guess they will be left to expire and the driller out of pocket on them. My friend in Beaver County tells me that PA people are so incredible pi**ed at Corbett that he sees people locking the doors to drillers. In all honesty, the drillers didn't make any long term friends with how heavy handed they have treated people. The need to drop the cockiness, in my opinion. You can catch a whole lot more flies with honey. I can't imagine how choppy this will make it for pipelines. 

This is going to be very interesting to watch. Seems CHK and RRC are the big names in Western PA, along with Shell in some areas. Wonder if it will stop the cracker plant?

Permalink Reply by Mike Knapp on July 26, 2012 at 3:13pm

This ruling, though profoundly disheartening, doesn't mean much.   It's the supreme court that will ultimately decide this issue.

Permalink Reply by mlb on July 26, 2012 at 4:17pm

What court handed down this decision?  And is do we have a more favorable chance with the PA state supreme court?  Appeals don't prevail all that often.  Yes, putting zoning back in play will only complicate matters. ( I have to say, I never cared for all the crazy zoning laws we have despite their "good intent") 

While I see some good in zoning laws they all to often make tiny boroughs, twps etc have way too much power to essentially stop anything they do not like in their little clicks.  Hoping the PA supreme court makes the right call for the greater good.

Permalink Reply by Frank Walker on July 26, 2012 at 10:54pm

Mike Knapp has this right.  This was merely an appellate court decision.  The PA Supremes will have their say sooner or later.  It's their decision which will be pivotal.  

Permalink Reply by Frank Nesmith on July 28, 2012 at 11:53am

The Gov appealed, but I don't think he has a leg to stand on. I think this order will stick.

2pwt9ru4672sqPermalink Reply by 2pwt9ru4672sq on July 28, 2012 at 12:59pm

I would tend to agree with you Frank on the appellate process.  The only thing that a higher court might take into consideration and find the basis for a reversal is the fact that no county is required to take the impact fee handout and surrender their rights to control zoning issues.  From that perspective the mandate is voluntary.  From a practical perspective, what county government can afford to pass up much needed funds to repair roads and bridges and staff their EMS departments... none that I know of. 

What would be helpful if there were more uniform standards on zoning issues... a prescribed number of feet that drilling must be from schools, homes, etc.  Its not hard for a company to play if they know that all playgrounds have the same rules that they have to abide by.  Some municipalities use the zoning stick to deny legitimate and safe drilling locations simply because they can. 

Permalink Reply by mlb on July 30, 2012 at 11:41am

I'm agree, this act will have no traction on appeal.  The judges of course have wide discretion and their opinion ( while I don't like it ) will be hard to overcome.

 

Yes, unfortunately even though many municipalites need the money, they have planning comittees and supervisors who are all to often a bunch of dim light bulbs elected to run our towns, twps, etc.  So I'm not optimistic given the folks protesting and running the show so to speak that they will accept even a common sense approach such as distances from schools, homes etc.  Great idea but it we would need a statewide law on that rather than each municpality coming up with what they think suits them. 

 

I think WV and Ohio will be more accomadating.   So if PA can't get something done it may take a backseat for quite some time.  That is unfortunate if that is the case.

3uq96odaochmjPermalink Reply by 3uq96odaochmj on July 29, 2012 at 8:37pm

Looks like Chesapeake ain't gonna drill on my vacant industrial land in Wilkinsburg or Hays Run. :-(

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