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Municipalities

Friday, September 21, 2012

15 Senate Democrats Support Act 13 Challengers

The amicus brief filed in support of affirming the efforts of seven municipalities, a medical doctor and a nonprofit challenging the state's Marcellus Shale law was filed Tuesday.

State Sen. Jim Ferlo has enlisted the support of 15 of his Senate Democratic colleagues in signing on to an amicus brief affirming the efforts of the seven municipalities that sued the Commonwealth to overturn zoning provisions of Act 13—although state Sen. Tim Solobay was not among those who signed. Solobay represents three of the Pennsylvania communities that challenged the law. The amicus brief specifically requests that the Pennsylvania Supreme Court affirm the decision of the Commonwealth Court’s majority ruling that found that these sections of Act 13 were unconstitutional. “In my opinion, it means higher taxes, higher energy costs and loss of jobs and I don’t support any of that,” Solobay said, explaining why he did not sign onto …

Thursday, April 12, 2012

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…

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