FA says Act 13 that allows oil and gas operations does not eviscerate local zoning but only substitutes local protections

摘要

In a reply brief filed with the Pennsylvania Supreme Court, the Commonwealth of Pennsylvania challenged on Sept. 25 what it called the "false premise that Act 13 is inherently incompatable with basic principles of land use planning."The commonwealth along with the Attorney General's Office and the Public Utility Commission contend Commonwealth Court erred in finding that Section 3304 of Act 13 is an unconstitutional violation of due process because it would allow "oil and gas operations" to preempt local laws in zoning districts that allow for incompatible uses—i.e., residential and agricultural — in the Marcellus Shale.