July 26, 2012 | By | Posted in General News

State zoning regs for natural gas drilling found ‘unconstitutional’

By Eric Boehm | PA Independent

The Pennsylvania Commonwealth Court declared the provision in the state's law that would supersede local zoning rules on behalf of natural gas drilling as unconstitutional.


HARRISBURG — Pennsylvania can’t supersede local zoning rules in favor of the natural gas drilling industry, ruled the Commonwealth Court on Thursday.

The justices struck down this major provision in the sweeping Marcellus shale drilling policy as unconstitutional and outside of the state government’s “police power.”

Act 13, enacted in March, also violates due process, because “it does not protect the interests of neighboring property owners from harm,” wrote Justice Dan Pelligrini in the majority opinion.

Kathryn Klaber, president of the Marcellus Shale Coalition, an industry group, said the zoning provisions were intended to provide certainty and predictability statewide for the companies trying to drill for natural gas.

“Lack of uniformity has long been an Achilles’ heel for Pennsylvania and must be resolved if the commonwealth is to remain a leader in responsible American nature gas development,” she said in a statement.

Democrats had opposed the zoning provisions — that would allow oil companies to drill for natural gas using hydraulic fracturing — during debates in the state House and state Senate this spring.

State Rep. Frank Dermody

House Minority Leader Frank Dermody, D-Allegheny, praised the court Thursday for overturning what he called “one of the most objectionable parts” of the drilling law.

“Development of the Marcellus shale natural gas reserves is bringing jobs and business to many communities,” Dermody said. “But it’s crucial that the drilling industry respects local zoning ordinances and is regulated so that the environment and neighbors are protected.”

Officials in seven municipalities filed the lawsuit.


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Eric Boehm is a reporter for PA Independent. He can be reached at or at (717) 350-0963.

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