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...

Babst Calland: Pennsylvania Supreme Court Denies Application For Reargument Or Reconsideration Of Act 13 Decision

By Lawrence H. Baumiller The Pennsylvania Supreme Court on Friday, February 21, 2014, denied an Application for Reargument or Reconsideration filed by the Commonwealth of Pennsylvania regarding the Act 13 decision [ enhanced opinion available to lexis.com subscribers ]. The December 19, 2013 Opinion...

Babst Calland: Pennsylvania Judge Denies Requests To Intervene In Act 13 Case

By Matthew L. Lambach On April 9, 2014, Pennsylvania Commonwealth Court President Judge Dan Pellegrini denied the petition to intervene of the Pennsylvania Independent Oil and Gas Association , Marcellus Shale Coalition and American Petroleum Institute in the Act 13 litigation, which was remanded...

Babst Calland: Commonwealth Court Issues Decision On Remaining Issues In Act 13 Case

By Lawrence H. Baumiller In its far-reaching decision in Robinson v. Commonwealth [ enhanced opinion available to lexis.com subscribers ], which was issued on December 19, 2013, the Pennsylvania Supreme Court invalidated several critical provisions of Act 13. Additionally, the Supreme Court remanded...

Babst Calland: Public Utility Commission Appeals Pennsylvania Act 13 Ruling

By Lawrence H. Baumiller ‘ The Pennsylvania Public Utility Commission appealed the Commonwealth Court’s July 17, 2014 Opinion and Order in the Act 13 case, which resolved a number of issues remanded by the Supreme Court [ enhanced opinion available to lexis.com subwscribers ]. Review...

Babst Calland: Unconventional Well Report Act Signed Into Law in Pennsylvania

By Michael K. Reer On October 22, 2014, Pennsylvania Governor Tom Corbett signed House Bill 2278, The Unconventional Well Report Act, into law. The Act requires operators of unconventional wells to submit monthly production reports to the Department of Environmental Protection. The change is to revise...