Zoning and Planning: Preemption; Environmental Rights Amendment; Pennsylvania Court Jurisdiction, Procedure and Review: Standing

摘要

In 2012, the Pennsylvania Legislature enacted Act 13 which repealed the old Oil and Gas Act and replaced it with a statutory framework that, among other things, preempted certain types of sub-state regulation of oil and gas operations. (58 Pa. C.S. §§ 3302 et seq.). Section 3303 provided that matters relating to environmental protection are matters of statewide concern such that sub-state units may not regulate oil and gas operations in order to achieve environmental objectives. Section 3304 then added a laundry list of actions that must be implemented by sub-state units and a laundry list of prohibited actions. For example, sub-state units cannot delay the processing of permits beyond a statutorily mandated time period, must allow oil and gas operations in all zoning districts and cannot increase the setback requirements for such operations beyond that otherwise stated in Act 13. Immediately after enactment, a number of governmental entities, non-governmental organizations and individuals filed a challenge to various provisions of Act 13 directly with the Commonwealth Court.