Monday, March 17, 2025, 3:49AM |  52°
MENU
Advertisement

Local control: Pa. justices resurrect a lost principle on drilling

Local control: Pa. justices resurrect a lost principle on drilling

Chalk one up for the little guy.

The state Supreme Court ruled last week that a fundamental provision of Pennsylvania’s wide-ranging rules on gas drilling went too far, a victory for municipal officials and residents.

The ruling provides complicated answers to numerous legal challenges, but the most immediate significance relates to zoning. By 4-2, the justices said Act 13 is unconstitutional because it overrode long-established authority of local officials over municipal zoning.

Advertisement

Chief Justice Ronald Castille — joined by justices Debra McCloskey Todd and Seamus McCaffery — also provided unprecedented support for a section of the state constitution’s Declaration of Rights that says the “people have a right to clean air, pure water and to the preservation of the natural, scenic, historic and esthetic values of the environment.”

Although adopted in 1971, the amendment has never had any enforcement teeth. It is nonetheless unclear what, if any, impact that language will have because, although Justice Max Baer agreed that Act 13 is unconstitutional regarding its zoning provisions, he did not endorse Justice Castille’s writing. Even so, the chief justice’s strong language is good news to environmentalists.

Likewise, the court delivered a welcome message for Pennsylvania physicians. It said the lower, Commonwealth Court must allow doctors to challenge the so-called “medical gag rule,” a provision that would have restricted what they could tell patients about health impacts related to shale gas drilling.

Also promising is a part of the ruling that said Commonwealth Court should review whether the Legislature should be able to enact a law that applies to only one industry.

Advertisement

While industry executives claimed that the ruling will put a stake in the heart of gas drilling in Pennsylvania, the decision does not mean hydraulic fracturing can be banned, nor does it prohibit the state from regulating it. Far from it.

It restores to local officials the authority they have long held to tailor ordinances to the wishes and needs of their residents. Perhaps even more significantly, the ruling gives the Legislature a chance to re-do the law, with the hope that this time one will be adopted that puts Pennsylvania residents first.

First Published: December 22, 2013, 5:00 a.m.

RELATED
SHOW COMMENTS (0)  
Join the Conversation
Commenting policy | How to Report Abuse
If you would like your comment to be considered for a published letter to the editor, please send it to letters@post-gazette.com. Letters must be under 250 words and may be edited for length and clarity.
Partners
Advertisement
President Donald Trump waves before departing on Marine One from the South Lawn of the White House, Friday, March 7, 2025, in Washington.
1
opinion
David M. Shribman: Donald Trump is two presidents in one
Partygoers fill Semple Street during a party near the University of Pittsburgh on Saturday, March 15, 2025, in Oakland.
2
local
Police clear Oakland street of St. Patrick’s Day partygoers day after porch roof collapse
Philadelphia Eagles running back Kenneth Gainwell (14) runs the ball during the second half of an NFL football game against the Pittsburgh Steelers, Sunday, Dec. 15, 2024, in Philadelphia.
3
sports
Analysis: Steelers moves overlapping with Eagles, Ravens probably not a coincidence
The Bill Mazeroski Statue by PNC Park is lit by morning light on Tuesday, March 11, 2025, in the North Shore.
4
sports
Fair or foul? Fans want the Pirates to spend more — and their financials suggest they could
Front left to right, Antallah Sandlin-El, Amarion Dickerson, Kam Woods, Alvaro Folgueiras, and D.J. Smith celebrate with teammates and fans during the NCAA Tournament Selection Show Watch Party at the UPMC Events Center at Robert Morris Sunday, March 16, 2025. RMU will play the University of Alabama in Cleveland Friday.
5
sports
Robert Morris earns No. 15 seed in NCAA tournament, will play No. 2 Alabama in Cleveland
Advertisement
LATEST opinion
Advertisement
TOP
Email a Story