Law unfairly gave shale drillers 'special' treatment, Pa. Supreme Court rules

[modrepub]

The Pennsylvania Supreme Court has decided that Act 13, the state Legislature's 2012 attempt to accommodate the shale gas industry, is an unconstitutional "special law" that benefits specific groups or industries.

The court, in a decision Wednesday, said Act 13's provisions limiting notification of spills and leaks to public water suppliers but not to private well owners, and its "physician gag order" restricting health-care professionals from getting information about drilling chemicals that could harm their patients, violate the state constitution's prohibition against special laws.

The court also struck down the provision that allows companies involved in transporting, selling, or storing natural gas to seize privately owned subsurface property through eminent domain.

And the decision prohibits the Public Utility Commission from reviewing local ordinances and withholding impact-fee payments from municipalities that limit shale gas drilling.

"The decision is another historic vindication for the people's constitutional rights," said Jordan Yeager, lead counsel representing the Delaware Riverkeeper Network and Bucks County municipalities in the case. "The court has made a clear declaration that the Pennsylvania legislature cannot enact special laws that benefit the fossil fuel industry and injure the rest of us."


Link: http://www.philly.com/philly/business/energy/20160929_Law_unfairly_gave_shale_drillers__special__treatment__Pa__Supreme_Court_rules.html

[enough]

1. link:

http://www.philly.com/philly/business/energy/20160929_Law_unfairly_gave_shale_drillers__special__treatment__Pa__Supreme_Court_rules.html

[Pat Riot]

2. Thank God sanity prevailed at last.

Not without much damage already done.

http://powersource.post-gazette.com/powersource/policy-powersource/2016/09/28/Supremes-say-Act-13-provisions-unconstitutional/stories/201609280179

The Pittsburgh Post-Gazette link includes comments at the end of the articles in which credit is given to doctors and attorneys and others who helped fight this case.

[blue neen]

3. Fantastic.

A victory for the citizens of Pennsylvania.

[DeminPennswoods]

5. yep

This is why electing competent judges matters.

[DeminPennswoods]

4. Struck down the local casino tax, too

The court also ruled the local/municipal part of the casino tax unconstitutional, except in Philadelphia (probably because the city and county are one and the same).

I wonder what they'd do if someone brought a case against the gerry-mandered state and federal legislative districts? After these two rulings, I wouldn't bet against them throwing the lines out.

[modrepub]

6. The did

but they only made minor changes to the final map. Unfortunately, most of the legislators are happy because the districts are drawn in such a way that everyone is pretty safe come election time.

[DeminPennswoods]

7. was that before or after the current justices?

I don't remember that, but the case was probably before all the new justices were elected. This group seems to be following the language of the commonwealth constitution closely. Based on the two recent rulings, I'd think at least the federal legislative districts might be unconstitutional in their view since they were drawn to give special consideration to only 1 group - Republicans.