UPDATED: PA Supreme Court Denies Request to Reconsider Act 13 Decision

Courtesy of Robert M. Donnan

Courtesy of Robert M. Donnan

Editor’s Note: This story was updated at 6:03 p.m. Friday to add quotes from two lead attorneys who challenged Act 13.

By Amanda Gillooly
Editor

The Pennsylvania Supreme Court on Friday announced that it will not reconsider its decision that Act 13 – the state’s set of laws regulating the Marcellus Shale gas drilling activities – is unconstitutional.

The state Department of Environmental Protection and the Public Utility Commission last month requested the court reconsider the case following its Dec. 19 decision, which declared key provisions of Act 13 as unconstitutional, including portions that would have taken zoning control out of the hands of local government bodies.

The DEP and PUC hired an outside law firm, Conrad O’Brien, P.C., to handle the filing. One of the partners of the firm is Christopher Carusone, who joined the firm after leaving his position as Gov. Tom Corbett’s chief of staff in July.

John Smith, one of the lead attorneys representing the handful of municipalities such as Cecil and Peters township, a non-profit and medical doctor, said he was pleased with the decision.
Reached Friday, Smith said:
“We are extremely pleased the court acted as justly and swiftly in denying this unprecedented request to reconsider. We look forward to litigating the injustices that the Supreme Court remanded back to the Commonwealth Court.”
One of those issues, he said, relates to gag orders on medical doctors.

Jordan Yeager, one of the lead attorneys on the case stated, “The Corbett Administration wanted a ‘do-over.’ The Supreme Court said ‘no.’ Act 13 violated our fundamental constitutional rights. The court’s landmark ruling stands and we are all safer as a result.”

Maya van Rossum, the Delaware Riverkeeper and one of the original petitioners in the case said, “The State has heard the final word on Act 13 from the highest authority. Once again the primary rights of clean air, water, and a healthy environment for the people of the Commonwealth have been reiterated. We hope the Governor and his administration can now finally accept that they were wrong in their attempt to undo the Court’s deliberations. The governor should listen to what the Court has said and realize that the Court’s thoughtful, extensive set of opinions instructs all levels of government to fully adhere to their ruling. This is a great day for Pennsylvania”.

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4 thoughts on “UPDATED: PA Supreme Court Denies Request to Reconsider Act 13 Decision

  1. This is a big step foreword. Now on to the medical gag orders so that those affected can be helped in a timely matter.

  2. veraduerga says:

    Great News; The take-over of Pennsylvania by the Shale Industry is starting to be road-blocked and slowed-down and hopefully, soon, banned and evicted from this beautiful State before it’s too late, if not too late already !

  3. Mike Genz says:

    This is to be celebrated! I am exhausted reading all the bad news regarding drilling contamination that this news provides a shed of positive light.

  4. Dorothea Kulak says:

    This is great news! Thank you PA Supreme Court.

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