Fracking and US and PA Law
In December 2013, the PA Supreme Court ruled portions of PA State Law Act 13 unconstitutional and this decision has profound but as of yet untested implications for municipalities as they decide what restrictions and regulations to enact for unconventional natural gas extraction. Below are a few reputable links that discuss the legal issues of land use, zoning, setbacks, and constitutional rights.
StateImpact, Pennsylvania, "The oil and gas law of the land: Act 13"
https://stateimpact.npr.org/pennsylvania/tag/act-13/
"Defending the Environmental Rights of Pennsylvania Communities from Shale Gas Development Strategies for Residents and Local Officials" (full report)
We particularly recommend the Appendix D/FAQ to help familiarize yourself with the legal issues:
http://www.delawareriverkeeper.org/resources/Reports/DRN_DefendingEnvironmentalRightsofPACommunities_2015_AppendixD.pdf
StateImpact, Pennsylvania, "The oil and gas law of the land: Act 13"
https://stateimpact.npr.org/pennsylvania/tag/act-13/
"Defending the Environmental Rights of Pennsylvania Communities from Shale Gas Development Strategies for Residents and Local Officials" (full report)
We particularly recommend the Appendix D/FAQ to help familiarize yourself with the legal issues:
http://www.delawareriverkeeper.org/resources/Reports/DRN_DefendingEnvironmentalRightsofPACommunities_2015_AppendixD.pdf
"[The Robinson Twp/Act 13 decision] affirmed the authority of the municipalities to control their own destiny and to zone accordingly and for the benefit of the residents and also breathed life into our Environmental Rights Amendment which is important for our Commonwealth going forward."
- PA Supreme Court Justice Elect David Wecht, 2015