Pennsylvania

Energy. Environment. Economy.

Gas industry groups seek to intervene in Act 13 case

A drill rig in Kingsley, Susquehanna County.

MARIE CUSICK/STATEIMPACT PENNSYLVANIA

In December, the state Supreme Court ruled that portions of Act 13 were unconstitutional.

Pennsylvania’s three major gas industry trade groups have filed a petition to intervene in the ongoing court battle over the state’s oil and gas law, known as Act 13.

In December, the state Supreme Court struck down portions of the 2012 law that restricted the ability of local governments to zone oil and gas development, but the justices left a number of matters unresolved and sent the case back to the lower Commonwealth Court .

The court is now reviewing, among other things, whether the rest of Act 13 can stand without the sections that were struck down.

The case is primarily between local governments who challenged the law and the Commonwealth of Pennsylvania. However, attorneys representing the Marcellus Shale Coalition, the American Petroleum Institute, and the Pennsylvania Independent Oil and Gas Association filed a petition today arguing they should also be part of the case.

“Because key provisions of Act 13 were struck down, there are significant questions regarding the certainty of investments and ability for the natural gas industry to develop across the Commonwealth that necessitated our motion to intervene,” says Stephanie Catarino Wissman, Executive Director of API’s Pennsylvania’s division.

The petition points out that oil and gas operators have paid over $400 million so far in Act 13 impact fees. The attorneys argue the industry has a “distinct and unique interest” in whether the court upholds the fee.

“This Court’s decision will materially affect the legal landscape for the oil and gas industry,” they write. “No current party to this case must actually plan for, finance, and comply with Act 13′s extensive list of regulatory requirements.”

Jordan Yeager is an attorney who represents local governments who challenged Act 13. He says he would be be surprised if the court allows the trade groups to be a party to the case.

“It’s really a lot of lawyering,” he says. “The industry tried this before, and the court said no. There are no new claims in the case. They don’t get to revisit questions the court has already decided.”

In January, the Corbett administration asked the state Supreme Court to reconsider its decision, but the court recently denied the request.

Comments

  • env121

    What a bunch of whining babies! They tried to buy our state through political campaign contributions. We won. They can’t stand it. They need to take their toys and go home!!!

    • x-schlumber

      Their impact on this state, its environment and its citizens has been catastrophic in many ways and should be banned completely. A few temp jobs for the destruction of our state to keep our over seas friends warm, rediculous and criminal!!!!!!….

  • Lisa DeSantis

    Pennsylvanian’s Rights TRUMP those of dirty polluting frackers~mark a win for the little guy

  • Julieann Wozniak

    “Certainty” is our corporate overlords’ way of saying “screw you!” to the public at large. That’s exactly what Harrisburg has been allowing them to do to us.

  • CitizenSane1

    What part of UNCONSTITUTIONAL do they not understand?

  • Inconvient Truth

    LOL @ the posters here demonizing the companies who produce the energy they so happily lap up, without the slightest crisis of conscience or hint of perceived hypocrisy.

    I wonder if any of them have ever stopped frothing at the mouth long enough to think about how their lives would be impacted if energy companies really did just what they demand and stopped every drop of oil and puff of gas produced, as of tomorrow. I bet those speaking the loudest would be the least capable/willing of going back to a society based on rubbing sticks together for energy.

    I have yet to find a single anti-drilling mouthpiece who has actually made the choice themselves to live a life free of oil/gas. Why can’t a single one of these committed people lead by example? Pretty easy to spout hyperbole on the Internet. Feels good and gets you attention right? Making REAL sacrifices? Yeah…um….well I…..uh……YOU CANT DRINK MONEY! FLAMING FAUCETS! HAVE YOU SEEN GASLAND?

    This is just as bad, if not worse, than the “keep your dirty government hands off my Medicare” people.

  • Mark

    The frackers spent millions buying this state to get this law, they keep fighting for it no matter how unConstitutional it is.

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