Commonwealth Court of Pennsylvania Strikes Down Zoning and Setback Waiver Provisions Of “Act 13” Oil and Gas Legislation

more+
less-

A Pennsylvania Commonwealth Court ruling has struck down a cornerstone of Act 13, which set forth that municipalities must adopt uniform zoning provisions for the development of natural gas as a prerequisite to the receipt of funds collected from natural gas well “impact fees.” This recently passed oil and gas legislation was seen by many in the natural gas industry as vital to successful production and midstream activities in the region, because it brought some order to the dizzying patchwork of inconsistent and regularly changing local zoning ordinances throughout the Marcellus region, which had previously led to litigation, as well as added production and development costs. Additionally, the court overturned the Act 13 portions authorizing the Department of Environmental Protection to grant a waiver of certain setback requirements from water bodies and wetlands, further complicating natural gas well development issues.

This ruling is extremely important to those involved in the production of the Marcellus shale in Pennsylvania, including energy producers, utilities, pipeline companies, investors or financers of the natural gas industry, since local zoning and setback issues can have ramifications on the cost, timing, planning and potential feasibility of all phases of natural gas production.

Please see full Alert below for further information.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Reed Smith | Attorney Advertising

Written by:

more+
less-

Reed Smith on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×