Commonwealth Court Keeps Drillers And Lawmakers Out Of Impact Fee Suit

A Commonwealth Court judge won’t let legislators or drilling organizations into a lawsuit challenging Pennsylvania’s new impact fee, known as Act 13.
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HARRISBURG — A Commonwealth Court judge has denied a request by the gas-drilling industry and top Republican legislators to intervene in a lawsuit challenging the constitutionality of the state’s new Marcellus Shale law.
Senior Judge Keith B. Quigley wrote in a decision today that the legislators do not have a “legally enforceable interest” in defending the intent behind their law. He wrote that the interests of the industry will be represented by the state as it defends the constitutionality of the law.
The judge turned down requests to participate in the case by Senate President Pro Tem Joe Scarnati and House Speaker Sam Smith, as well as those by a collection of industry trade associations and companies.

The decision comes a bit more than a week after the court issued an injunction delaying portions of the law from going into effect.
Looking for background on the legal challenge? Read our primer.

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