Steptoe & Johnson PLLC: Pennsylvania Appeals Act 13 Decision

By Russell L. Schetroma and Nathaniel I. Holland On Friday, July 27, the Commonwealth appealed the July 26, 2012 4/3 decision of the Commonwealth Court that struck down the provisions of Act 13 of 2012 that attempted to assure statewide uniformity in local land use regulation of oil and gas development...

Babst Calland: Pennsylvania Commonwealth Court Invalidates Act 13 Local Ordinance Limitations

In a 4-3 decision, the Pennsylvania Commonwealth Court struck down portions of Act 13 of 2012, which had placed limits on the authority of local governments to regulate oil and gas industry activities. In its July 26, 2012 ruling on a legal challenge brought by seven municipalities and others, the Court...

Fulbright Briefing: Pa. Commonwealth Court Overturns Significant Portions of Act 13; Appeal Filed Next Day

By Kenneth S. Komoroski , Matthew H. Sepp and Michael P. Gaetani The Pennsylvania General Assembly enacted the Oil and Gas Act ("Act 13"), which substantially revises the Oil and Gas Act of 1984, 58 P.S. § 601.101 et seq., and was signed into law by Governor Tom Corbett on February...

Steptoe & Johnson PLLC: Pa. PUC Releases Shale Impact Fee Data

By Russell L. Schetroma and Adam Curtis The Pennsylvania Public Utility Commission (PUC) released its first report on Monday on the impact fees resulting from the state's new Marcellus shale law, dubbed Act 13 . The PUC is the agency in charge of collecting and disseminating the fees. According...

McNees Wallace & Nurick: Who Pays for Road Damage in Pennsylvania After Act 13?

By Jim Franklin The Commonwealth of Pennsylvania continues to experience dramatic increases in heavy-truck transportation activity associated with Marcellus Shale. So much so that approximately one-quarter of all PA-state routes are now posted with weight restrictions. Typically, any hauler who wants...

Steptoe & Johnson PLLC: Pa. PUC Decides Local Ordinance Violates Act 13

[Recently], the Pennsylvania Public Utility Commission (PUC) ruled that the South Fayette Township's ordinance governing oil and gas well development and processing violates provisions of Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes ( Act 13 ), Pennsylvania's primary law regulating...