State Republican Leaders Ask to Intervene in Act 13 Challenge

The motion to intervene was filed Friday.

Two state Republican leaders on Friday entered a motion to intervene in the appeal made by the state in the wake of a Commonwealth Court judge striking down provisions of the new Marcellus Shale law that dealt with local control of zoning—deeming them unconstitutional. State Senator Pro Temore Joe Scarnati and state Leader of the House Rep. Samuel H. Smith made the request to intervene in the appeal, which was filed a day after the Commonwealth Court ruled that portions of the new law was unconstitutional. The request was previously made to the Commonwealth Court, which found that Scarnati and Smith had no basis to intervene in the Act 13 litigation. To read the motion, click on the PDF attached. To read about the challenge, click here. To…

• Photos (1)
• Documents (1)

Rep. Mustio Hosts Moon Marcellus Shale Hearing

The public is invited to attend the public hearing.

Pennsylvania Rep. Mark Mustio, R-Moon, will co-chair a state House Majority Policy Committee public hearing today on Coraopolis Heights Road.  The hearing is one of several the committee is hosting statewide to discuss ways in which the state economy can grow from its burgeoning Marcellus shale industry.  The hearing, which is open to the public, will be held from 10 a.m. to noon at Nova Chemicals Coraopolis Heights Road facility.  Those expected to testify include John Lucey of the Heckman Corporation, Chris Petrone of the Foundation for Fair Contracting, Jim Protin of Chester Engineers and Joy Ruff of the Marcellus Shale Coalition.  Members of the policy committee, including chairman Rep. Dave Reed, R-Indiana, will also be on hand.  The …

• Photos (1)

Act 13 Challengers Also File for Expedited Supreme Court Hearing

'The residential and commercial growth of Pennsylvania municipalities is currently hampered if not practically halted during the pendency of this court’s decision,” the court filing read.

Pennsylvania’s Department of Environmental Protection and the Public Utilities Commission last week asked the state Supreme Court to consider an expedited hearing for its appeal of a Commonwealth Court ruling that struck down the zoning portions of the Keystone State’s new Marcellus Shale law. moon On Friday, attorneys for the cluster of communities—including Cecil and Peters townships—a medical doctor and a nonprofit that filed the challenge to Act 13 that spawned the ruling have joined the state in its request—but not for the same reasons. “The inherent uncertainty of this court’s pending determination for municipalities and local officials and municipalities and local officials to perform any effective land-use planning,” attorneys said…

• Photos (1)
• Documents (1)

State Asks for Expedited Consideration in Marcellus Shale Law Appeal

The application was filed Monday.

State officials on Monday asked the state Supreme Court for expedited consideration of an appeal of a Commonwealth Court decision last week that ruled portions of the state’s new Marcellus Shale law—known as Act 13—as unconstitutional.  The court last week ruled that zoning regulations related to Marcellus Shale play should be made at the local level, and not the state level as Act 13 mandated. “That decision has gutted Act 13 of one of its key interstitial parts and has created significant uncertainty for the Commission, the Department, and the regulated community at this critical juncture in the Marcellus Shale development,” an attorney for the Public Utility Commission and the state Department of Environmental protection wrote in the …

• Photos (1)
• Documents (1)

Court Strikes Down Local Zoning Provisions of Act 13

The state Commonwealth Court issued its opinion Thursday morning—calling those provisions unconstitutional.

The state Commonwealth Court on Thursday struck down portions of Pennsylvania’s newly enacted legislation governing Marcellus Shale operations—also known as Act 13—as unconstitutional. The 54-page opinion filed by President Judge Dan Pellegrini, stated: “Petitioners allege that they have close to 150 unconventional Marcellus Shale wells drilled within their borders, and Act 13 prevents them from fulfilling their constitutional and statutory obligations to protect the health, safety and welfare of their citizens, as well as public natural resources from the industrial activity of oil and gas drilling. Petitioners allege that Act 13 requires them to modify many of their zoning laws.” The petitioners, which included a cluster of local …

• Photos (1)

Republicans Come Out to Support Romney in Pittsburgh

Republicans Tim Pawlenty and Bobby Jindal stopped in Oakland Friday on their bus tour of Pennsylvania and Ohio.

Pittsburgh was a political playground Friday, with the Democratic and Republican parties rallying only hours apart. U.S. Congressman Tim Murphy (R-Upper St. Clair), former Minnesota Gov. Tim Pawlenty and Louisiana Gov. Bobby Jindal stopped by Soldiers and Sailors Memorial Hall in Oakland to show their support for Republican presidential candidate Mitt Romney. All three spoke mainly about jobs and the economy.  Pawlenty and Jindal, both Republican vice presidential hopefuls, are touring Pennsylvania and Ohio on the tail of President Barack Obama's “Betting on America” bus tour, which stopped just blocks away on Friday at Carnegie Mellon University in Oakland. During the rally, Murphy spoke out about the importance of this upcoming election…

•  44 Comments
• Photos (12)

Around the Rivers

Marcellus Shale Industry Again Denied in Act 13 Challenge

This time, the Supreme Court on Friday denied a request by Marcellus Shale industry representatives to be a party to the challenge against Act 13.

The Supreme Court on Friday denied representatives from the Marcellus Shale industry the opportunity to participate in an appeal of the injunction against Act 13 filed by multiple municipalities—including Cecil—a doctor and a non-profit.  The Public Utilities Commission and the state appealed the Commonwealth Court decision to grant an injunction in the case regarding the zoning portions of the law. Industry representatives had also asked the Commonwealth Court to be a party to the suit at the level of the proceedings. That was also denied. Senate President Pro Tem Joseph Scarnati and House Speaker Samuel H. Smith, also moved to intervene on behalf of the Legislature on appeal—as they did on at the Commonwealth level. No decision has been …

•  1 Comment
• Photos (1)
• Documents (1)

Judge Grants Injunction in Act 13 Challenge

'Pre-existing ordinances must remain in effect until or unless challenged pursuant to Act 13 and are found to be invalid,' the order read.

A Commonwealth Court judge on Wednesday afternoon granted a preliminary injunction regarding the state's new Marcellus Shale law, known as Act 13. The order means that implementation of portions of the new law slated to go into effect Saturday will be delayed for 120 days. The order reads: "While the ultimate determination on the constitutionality of Act 13 is not presently before the Court, the Court is of the view that municipalities must have an adequate opportunity to pass zoning laws that comply with Act 13 without the fear or risk that development of oil and gas operations under Act 13 will be inconsistent with later validly passed local zoning ordinances." It continues: "For that reason, pre-existing ordinances must remain in effect…

• Photos (1)
• Documents (1)

Supervisors Hear Act 13 Update; Planning Director Departs

Moon officials discuss Marcellus shale drilling with special counsel.

Moon officials have until Aug. 14 to amend the township's oil and gas drilling ordinances to comply with a new state law that regulates Marcellus Shale drilling.  Gavin Robb, an attorney from Tucker Arensberg who serves as special counsel on drilling-related issues, recommended that the Moon Township Board of Supervisors revise the township's drilling ordinance to meet the standards of the new law.  Pennsylvania's new Act 13 strips municipalities of the authority to determine where gas wells and drilling activity take place within communities, superseding any existing local ordinance that regulates drilling. The act also establishes a drilling fee for companies based on the market price of natural gas.  "Now almost everything [in the Moon …

• Photos (1)

News Nearby: Bri-Chem Corp. Leases Leetsdale Warehouse

The 25-year-old company services the oil and gas drilling industry and is expanding in the United States.

A North American wholesale distributor and manufacturer of oil and gas drilling fluids, steel pipe and piping products has leased 38,000 square feet of warehouse space in Leetsdale Industrial Park, according to Chapman Properties, which manages the park. Founded in Canada, Bri-Chem Corp., a 25-year-old company, is expanding its footprint in the United States in response to a growing opportunity to service the Utica Shale and Southern Marcellus Shale gas business, according to a news release. Bri-Chem’s warehouse space is in Building 111, with a 213,000-square-foot heavy industrial rail and a steel frame and masonry façade. It was built in 1936 and renovated in 2007 and has a clear height of 24-31 feet. Lane Bates, general manager of Bri-…

• Photos (1)