Corbett: Pennsylvania Will Appeal Court's Fracking Ruling

Friday, 27 Jul 2012 09:30 PM

 

  Comment  |
   Contact  |
  Print  
|  A   A  
  Copy Shortlink
Pennsylvania Governor Tom Corbett said his state is appealing a court ruling that invalidated parts of a law easing energy development of the Marcellus Shale formation.

The formation, which lies beneath parts of Pennsylvania, New York, Ohio, Maryland, Virginia, and West Virginia has an estimated 400 trillion cubic feet of natural gas, one of the largest such formations in the world, trade associations have said. The gas is extracted through hydraulic fracturing, or fracking.

The Commonwealth Court of Pennsylvania on Thursday struck down a requirement that the state’s Department of Environmental Protection waive water and wetland set-back restrictions for well-site construction and drilling in certain circumstances. In a 4 to 3 ruling, the judges also invalidated a provision requiring uniformity of local ordinances governing resource development.

Each provision was found unconstitutional. The setback provision doesn’t provide guidance to the environmental regulatory agency on “its discretion to decide to waive the distance requirements,” effectively giving it legislative power to make those decisions, the court said.

“The provisions struck down by the Commonwealth Court are critically important for job creators who are employing more than 240,000 Pennsylvanians,” for landowners and for local governments seeking guidance on energy-resource development, Corbett said today in a press statement.

Corbett, a first-term Republican and former state attorney general, said the legislation was “the result of months of compromise and negotiation, with significant input and support” from the state’s local government associations.

Seven municipalities, an environmental defense group and a physician were among who filed suit against the state.

The Commonwealth Court panel rejected eight of the plaintiffs’ claims, while ruling in their favor on four others.

Dissenting on the uniformity issue, Judge Kevin Brobson said that portion of the law was written to optimize development of the state’s oil and gas resources “wherever those resources are found.”

“The natural resources of this commonwealth exist where they are without regard to any municipality’s comprehensive plan,” Brobson said.

© Copyright 2014 Bloomberg News. All rights reserved.

  Comment  |
   Contact  |
  Print  
  Copy Shortlink
Around the Web
Join the Newsmax Community
Please review Community Guidelines before posting a comment.
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Country
Zip Code:
Privacy: We never share your email.
 
Hot Topics
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
Top Stories
You May Also Like

Ferguson Protest Closes Huge St. Louis-area Mall

Friday, 28 Nov 2014 17:05 PM

Officials temporarily closed a large shopping mall near St. Louis amid a protest triggered by a grand jury's decision no . . .

Man Dies After Shooting at Mexican Consulate, Other Sites in Texas Capital

Friday, 28 Nov 2014 16:06 PM

A man apparently upset about U.S. immigration policy was fatally shot early on Friday after firing more than 100 rounds  . . .

Players' Union: Ray Rice Wins Appeal of His Indefinite Suspension

Friday, 28 Nov 2014 15:36 PM

Former Baltimore Ravens running back Ray Rice is eligible for reinstatement by the National Football League after winnin . . .

Most Commented

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved