State High Court Should Toss Appeal Over Shale Provision
Published: Friday, August 03, 2012, 12:34 AM
The Patriot-News, Letter to the Editor
Pennsylvania Commonwealth Court found Marcellus Shale zoning provisions of Act 13 unconstitutional July 26. The majority opinion states the act “violates substantive due process because it does not protect the interests of neighboring property owners from harm.”
PA Environment Digest wrote that one day later, Gov. Tom Corbett – perhaps to show appreciation for the $1,813,305.59 that marcellusmoney.org claims he’s received from the oil and gas lobby – announced his administration was appealing the ruling, saying in part: “The provisions struck down by the Commonwealth Court are critically important for … local governments looking for guidance on how they may reasonably regulate oil and gas operations. Both the County Commissioners Association of Pennsylvania and the Pennsylvania State Association of Township Supervisors, which represents 1,455 municipalities, urged passage of the law.”
I am not aware of a single local government official who has ever stated they sought guidance on how to regulate local land use from Act 13. CCAP and PSATS (and the PAB) caved in to the financial Goliath that is the oil and gas lobby.
To imply these lobbyists represented the wishes of its member municipalities’ voters and taxpayers by supporting Act 13 seems purposefully misleading. The state Supreme Court should dismiss such a frivolous appeal.
STEVE TODD, Derry Twp.
Reference: Commonwealth Court finding of unconstitutionality: