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Pennsylvania Brownfields & Environmental Law Information and Developments in Brownfields and Pennsylvania Environmental Law

BREAKING: PA Supreme Court Invalidates Key Provisions of Marcellus Shale Law

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A splintered Pennsylvania Supreme Court today declared unconstitutional several key provisions of Act 13, the 2012 law that comprehensively revised Pennsylvania’s Oil and Gas Law to account for Marcellus Shale exploration and extraction activities.  Notably, the PA Supremes invalidated Act 13’s limitations on municipal zoning in connection with oil and gas activities.  Some aspects of the case were remanded back to the Commonwealth Court for further proceedings.  We are still reviewing the opinions – which you can find at the following links:  Castille, C.J., for the Court; Baer, J., concurring; Saylor, J., dissenting; Eakin, J., dissenting – and we will have more coverage over the coming days of the holdings, the court’s reasoning, and what it means for Marcellus Shale development in Pennsylvania.  Stay tuned.

  • Douglas Shields

    GLAD TO KNOW THE PA.CONST. at section 27 actually means something.