Tuesday, July 31, 2012

Sen. Scarnati Appoints Former DEP Secretary David Hess To Citizens Advisory Council

On July 30 Senate President Pro Tempore Joe Scarnati (R-Jefferson) appointed former Department of Environmental Protection Secretary David Hess to DEP’s Citizens Advisory Council.
Hess was appointed Secretary of DEP by Gov. Tom Ridge in 2001 and continued to serve under Gov. Mark Schweiker until 2003. He has served in a variety of positions in state government for over 30 years including in the Pennsylvania Senate and the former Department of Environmental Resources.
He is now Director of Policy and Communications with Crisci Associates, a Harrisburg-based government affairs firm.
During his tenure as Secretary and a senior manager at DEP, the agency won more national and international awards for innovation that any other state agency in the country. The awards involved innovations in communications and public involvement, restoring brownfield industrial sites, using the Internet and information technology in unique ways, and watershed and water resource protection.
He also helped guide the successful rescue of nine miners trapped in the Quecreek Mine in Somerset, Pennsylvania in 2002 and the environmental response to the crash of Flight 93 on September 11, 2001.
He received the "River Hero" Award in 2002 from the national Rivers Network, the James McGirr Kelly Award for Excellence from the National Association of Water Companies-PA Chapter for his work on watershed and water resource issues and was recognized for his contributions to promoting education and environmental initiatives by the Pennsylvania Alliance for Environmental Education, Pennsylvania Environmental Council and the Pennsylvania Resources Council.
Taking a "hands-on" approach as Secretary, he visited every one of the 67 counties at least twice in the 21 months he was Secretary to spotlight watershed groups, farmers, businesses, local governments, teachers and students taking positive actions to protect and restore Pennsylvania's environment.
Before becoming Executive Deputy at DEP, he served as Executive Director of the Senate Environmental Resources and Energy Committee for six years starting in January 1989.
Before coming to the Senate, he worked in a variety of positions at the Department of Environmental Resources over a 12-year period, including in the Secretary's Office of Policy, as Deputy Director for Regulatory Analysis and as Legislative Liaison for the agency.
He serves on the Board of several nonprofit groups including Keep Pennsylvania Beautiful, Pennsylvania Resources Council, Pennsylvania Land Trust Association, the Ralph W. Abele Conservation Scholarship Fund and the Quecreek Mine Rescue Foundation Advisory Committee.
Hess also publishes the weekly PA Environment Digest newsletter and shares information on environmental topics of concern to Pennsylvania through several blogs and a Twitter feed--
-- PA Environment Digest Twitter Feed
-- PA Environment Daily Blog
-- PA Environment Digest Video Blog
He can be contacted by sending email to: DHess@CrisciAssociates.com.

DEP Files Settlement To Close Little Blue Run Coal Ash Disposal Facility

The Department of Environmental Protection filed a complaint and proposed consent decree July 27 in the U.S. District Court for the Western District of Pennsylvania against First Energy Generating Corp. requiring the company to submit a plan to close the Little Blue Run coal waste impoundment in Beaver County.
“This proactive move is aimed at addressing comprehensively for the future long-standing matters about the Little Blue Run impoundment,” DEP Secretary Mike Krancer said. “We believe this will not only make major strides in environmental projects for that area, but also bring peace of mind to many residents who have expressed concerns about the Little Blue Run impoundment.”
The key terms of the consent decree are that First Energy will submit a closure plan for the facility within one year and halt disposal of all currently authorized wastes no later than December 31, 2016.
Further, First Energy will offer no-cost connections to a public water system within two years to 21 residences in Pennsylvania and West Virginia. Those residents’ water wells, while currently unaffected by the impoundment, are located nearby. First Energy will also conduct fugitive particulate monitoring to make sure that operations at the site do not cause an exceedance of air quality standards.  
First Energy will also undertake a comprehensive study to determine how to address the impoundment’s environmental impacts and, if necessary, mitigate them.
Finally, First Energy will pay a civil fine of $800,000 to the Pennsylvania Solid Waste Abatement Fund and be subject to stipulated penalties for violations of the consent decree.
Reaction
“We believe this is the first time PADEP or any regulator has formally recognized that pollution from coal ash ponds like Little Blue Run release pollutants may present an imminent and substantial endangerment to nearby residents and the environment,” said Lisa Widawsky Hallowell, attorney for the Environmental Integrity Project. “The Department is taking the concerns we raised seriously enough to file suit in federal court to protect residents from those dangers. We’re looking forward to reviewing the consent decree and continuing our work to ensure that this site is promptly remediated and closed.”

“PA DEP has recognized that FirstEnergy’s disposal of wet coal ash into a huge unlined lagoon has caused major environmental problems, despite existing state regulations,” said Public Justice Attorney Richard Webster. “We are pleased that PA DEP has recognized the problems and started to make FirstEnergy solve them.”
The groups noted the DEP action was filed 59 days after the Environmental Integrity Project and Public Justice gave notice that they would sue FirstEnergy, the owner of Little Blue Run, in 60-90 days for endangerment and other violations on behalf of Little Blue Regional Action Group, a coalition of residents who live near the coal ash impoundment.
The state action filed the first-ever lawsuit against a coal ash dump operator for causing a potential “imminent and substantial endangerment” to human health and the environment by operating the nation’s largest coal ash impoundment, Little Blue Run, which spans the Pennsylvania-West Virginia border.
At nearly 1,700 acres, FirstEnergy’s Little Blue Run is the largest coal ash disposal pond in the nation, and the citizen groups had identified in their letter numerous releases of toxic pollutants like arsenic and selenium into both ground water and surface water.
Although FirstEnergy has disposed of well over 20 billion gallons of coal ash at Little Blue Run, the site has no liner and has never been covered to prevent the release of toxic pollutants. The impoundment sits on the banks of the Ohio River, a drinking water source for millions of people.
“For years, we have known that the toxic coal ash in Little Blue Run was poisoning our drinking water and our environment,” said Curt Havens, vice president of the Little Blue Regional Action Group. “We appreciate that the PA DEP appears to be taking action to stop FirstEnergy from continuing to pollute our community, and we are going to continue to work to ensure that all current sources of pollution from this site are cleaned up and all future contamination is prevented.”
NewsClips:
FirstEnergy Compelled To Close Beaver Waste Dump
FirstEnergy, State Agree To Close Beaver Coal Waste Impoundment
DEP Orders Shutdown Of Little Blue Run Ash Pond

Tuesday NewsClips

State Asks For Expedited Consideration Of Drilling Law Appeal
Methane Migration Means Flammable Puddles, Geysers
DEP Orders Shutdown Of Little Blue Run Ash Pond
More Northeast History Lost To Flood
Editorial: Private Water Company Could Benefit Allentown
Tree Pittsburgh Offering Teens A Way To Give Back
Chester County Conducting Lyme Disease Survey
Blairsville Breaks Ground For Trail
Room To Be Lazy, Cautious On Local Bike Trails
BP Wind Energy Moves Forward On Windmill Project
Federal Wind Energy Credit Could Expire
Click Here for PA Capitol Digest NewsClips

Monday, July 30, 2012

Applications Now Being Accepted For Chesapeake Bay Environmental Education Grants

The Chesapeake Bay Trust is pleased to announce the creation of a new grant initiative, the Environmental Education Capacity Building Program.  Applications are due August 31.
Through this new program, the Trust seeks to further Environmental Literacy efforts in Region 3 (Maryland, Virginia, the District of Columbia, Delaware, Pennsylvania and West Virginia).
The program was established with support from the U.S. Environmental Protection Agency  Office of Environmental Education to provide accessible funds to local education agencies, college or universities, state education or environmental agencies, and non-profit organizations for Environmental Education capacity building that advances state and local environmental education efforts. You can learn more about this new grant program on the Chesapeake Bay Trust website, or by reading the official request for proposals here.
As this is the first time a Trust grant has been made available to all of Region 3, please help us spread the word about this opportunity to your news, email and social media contacts. You can find the official press release here.
If you would like to find more information on the grant programs being discussed, please review the new Environmental Education Capacity Building Grant Program webpage or contact Kacey Wetzel at 410-974-2941, ext 104.

Pennsylvania Team Comes In 15th In International Envirothon Competition

Pennsylvania's five-member MMI Preparatory School from Luzerne County came in 15th during last week's international Canon Envirothon competition at Susquehanna University in Selinsgrove.
Photo: Members of MMI Preparatory School’s winning Envirothon team are, from left: Farrah Qadri, Rebecca Noga, Anjni Patel, Brianna Nocchi, David Polashenski, and adviser Michael Mele.
Fifty-four teams of high school students from 44 states, 9 Canadian provinces and one Canadian territory completed training and testing in natural resource categories such as soils and land use, aquatic ecology, forestry, and wildlife. Every year an additional topic is incorporated into the competition based upon a current environmental issue. This year’s topic was Nonpoint Source Pollution/Low Impact Development.
“At a time when the conservation of natural resources is critically important to our planet, it is wonderful to see a large group of bright, dedicated students from across North America test their skills in a challenging environmental competition,” said Bunji Yano, senior director and general manager, Corporate Communications, Canon U.S.A. “This year was a very close competition and all of the students should be extremely proud of themselves and their effort.”
The Pennsylvania Envirothon awarded scholarships to the first, second, and third place teams.  The scholarships were sponsored by EXCO Resources (PA), PPL Corporation and Pennsylvania Envirothon.  Each of the top ten teams received a plaque and other prizes.
High school students from 62 Pennsylvania counties participated in this year’s event.
At the Envirothon, five-member teams participate in a series of field-oriented tests that focus on five topic areas – soils and land use, aquatic ecology, forestry, wildlife, and environmental issues.  The 2012 current environmental issue focused on Nonpoint Source Pollution and Low Impact Technology.  
The teams also prepare and deliver oral presentations to panels of judges who evaluate each team on its problem-solving capabilities, oral presentation skills and recommendations to help solve the specific environmental challenge, which relates to the current environmental issue.
Teams participating represent the best and the brightest of the thousands of high school teens who have competed in county Envirothon competitions sponsored by conservation districts across the state.
At the state level, the Envirothon is sponsored by Pennsylvania’s sixty-six conservation districts, the State Conservation Commission and the PA Association of Conservation Districts.  
The program is managed by a board of directors representing those sponsors.  Technical expertise is provided by the following agency partners: Department of Environmental Protection, Department of Conservation and Natural Resources, Game Commission, Fish and Boat Commission and the U.S.D.A. Natural Resources Conservation Service.  
Sponsors of the 2012 Envirothon are EXCO Resources (PA), The Hershey Company, American Honda Foundation, PPL Corporation, Air Products Foundation, Bayer HealthCare, Canon Envirothon, PA Trappers Association, PA Outdoor Writers Association, Pennsylvania Association of Conservation Districts, State Conservation Commission and the PA Growing Greener Program.
The Hershey Company, Dwight Lewis Lumber, Lewis Lumber Products and Cargill are “Corporate Station Sponsors.”
Pennsylvania has won the North American event in 1988, 1989, 1990, 1991, 1994, 1997, 2000, 2001, 2003, 2005 and 2009.
For more information, visit the PA Envirothon website program, contact your county conservation district or contact the Pennsylvania Envirothon by phone 814-623-7900 ext. 111 or send email to: paenvirothon@pennswoods.net.

New Federal Transportation Law Reduces Mine Reclamation Funding To PA By $200 Million

On July 6, 2012, President Obama signed into law the Surface Transportation Bill (HR 4348). Included in the bill within Section 100125 was a provision known as the Baucus Amendment which will reduce federal Abandoned Mine Reclamation Funding to Pennsylvania by $200 million over the next 10 years.
The amendment sets a limit of a maximum of $15 million in total annual payments from the AML Fund to a certified state, a state that has completed reclamation of all of its high-priority coal mining AML features.
On the surface, this small amendment would appear to only impact the State of Wyoming which currently receives approximately $150 million annually and is certified.   According to an analysis undertaken by the Interstate Mining Compact Commission, the total impact to the State of Wyoming over the remaining ten years of the AML Program is a reduction in total grant payments of approximately $718 million.
However, further analysis by IMCC identified that this would then result in a reduction in payments to uncertified states, like Pennsylvania, with remaining high-priority coal mining Abandoned Mine Lands features in need of reclamation, by a total of nearly $550 million over the life of the AML program whenever the reduction to Wyoming is analyzed in context with other provisions in the federal surface mining law and the federal Office of Surface Mining funding allocation formula.
There are five subaccounts within the federal AML fund.  Two of these subaccounts are known as the “in lieu” of state share fund and the historic coal fund.  A complex formula is used by OSM to determine the funding for each state/tribe from the various subaccounts.  
Without getting into the fine details of the funding allocation formula, the amount of funding that is not paid to Wyoming from the “in lieu” of state share fund subaccount will result in a corresponding decrease to the historic coal fund subaccount.  
Applying this to the federal FY 2012 OSM AML grant distribution summary results in a reduction in the historic coal fund subaccount which reduces the annual AML grant to individual states by the approximate amounts as follows: Pennsylvania ($17.8 million), West Virginia ($10.2 million), Illinois ($5.5 million), Kentucky ($5.4 million), Ohio ($3.4 million), Indiana ($1.8 million), Virginia ($1.6 million) and Alabama ($1.5 million). Thirteen other states will also be affected representing an additional $5 million.  
These examples are a best case scenario, and depending on which subaccount OSM draws from for Wyoming’s AML grant, the impacts and the reduction in annual grants to the uncertified states which receive funding from the historic coal subaccount (like Pennsylvania) could be even higher.
In terms of the federal AML Program, Pennsylvania is an uncertified state which receives significant AML Grant funds from the historic coal fund subaccount of the federal AML fund, about 34 percent of the total.  
Depending on how OSM implements the amendment, there would be a range of between approximately $52 million and $67 million reduction to the amount paid to Wyoming from the “in lieu” subaccount for the next few years.  
As such, the annual loss to PA’s AML Program during those years would be approximately $17.8 million if the reduction is $52 million and as high as approximately $23.2 million if the reduction to the historic coal fund is $67 million.   This would then translate to a corresponding loss of approximately $5.3 – 7.0 million annually to Pennsylvania’s 30 percent Acid Mine Drainage Set-Aside Program.
The total loss to Pennsylvania’s AML and AMD Set-Aside Programs over the remaining ten year life of the federal AML Program could well be in excess of $200 million.
Rollback Of 2006 Commitment
In December 2006 Pennsylvania successfully lead a bipartisan effort to extend the mine reclamation fee imposed on each new ton of coal mined to pay for abandoned mine land reclamation.
The language Congress passed then allowed Pennsylvania to claim more than triple the funding it would have received over the next 10 years. In fact, starting in fiscal year 2008 and going through until 2017, state officials will receive approximately $680 million - with further adjustments promising to yield as much as $1.5 billion over the next 15 years.
Annual AML funding to Pennsylvania would increase from an estimated $21.4 million in 2007, to $31.6 million in 2008, $52.4 million in 2010, $60 million in 2011 to a high of $90 million in 2013.  In addition, the legislation allows states to increase its reclamation setaside from 10 percent to 30 percent for locally-sponsored mine reclamation and acid mine drainage treatment projects.
All told, the AML’s new funding formula would allow state and local officials to reclaim and recover nearly all of Pennsylvania’s high-priority sites a full 45 years earlier than they would have under the current arrangement.
Ironically, on August 2 the federal Office of Surface Mining and mining states will celebrate the 35th anniversary of the passage of the federal surface mine regulation act which created the federal mine reclamation program.
Next Steps
Efforts are underway on Capitol Hill to explore potential fixes for this debilitating amendment to the federal surfacing mining act.  
The first official attempt is HR 6113, introduced by Rep. Lummis (R-WY) and Rep. Rahall (D-WV) which would invalidate the amendment contained in the Transportation bill.  Prognosis for the movement of this bill is uncertain at this point, but two potential vehicles include S. 897, which is awaiting action on the floor of the House and the Farm Bill.  
Other efforts that are being considered include a fix to be contained in the technical corrections bill associated with the Transportation bill, which could be several months down the line,  and a bill that would invalidate the AML amendment while providing different sources of funding for the Secure Rural Schools and Payment in Lieu of Taxes programs, which the AML offset funding was intended to address.  
Background on this issue came from a Department of Environmental Protection briefing paper circulated late last week.

Monday NewsClips

Quecreek Rescue Drama Held World Riveted
Cumberland Trout Unlimited Giving Stream A Makeover
Westmoreland Authority To Receive DEP Award
Low Natural Gas Prices Drives Drillers To Ohio
State Prison Generates Eco-Friendly Electricity
EPA To Look At Lead At Scranton Site
Farmers Like Removal Of Death Tax From Heirs
Allentown Sinkhole Prompts Evacuation
Click Here for PA Capitol Digest NewsClips

Friday, July 27, 2012

July 30 PA Environment Digest Now Available

The July 30 PA Environment Digest is now available.  Click Here to print the entire Digest.

Court Strikes Down Drilling Law Limit On Local Zoning, Corbett Appeals

Commonwealth Court Thursday struck down provisions of the Marcellus Shale Drilling law enacted in February which would have further restricted the application of local zoning to drilling operations and a provision requiring DEP to issue waivers to setback requirements of the state Oil and Gas Act.
The decision leaves in tact stricter environmental standards for drilling operations and the county-adopted drilling impact fee.
One day later, Gov. Corbett announced his Administration was appealing the ruling, saying--
"The provisions struck down by the Commonwealth Court are critically important for job creators who are employing more than 240,000 Pennsylvanians, for landowners seeking to exercise their property rights, and for local governments looking for guidance on how they may reasonably regulate oil and gas operations," Corbett said. "The provisions are also integral to the enhanced environmental standards and impact fee revenue portions of the Act. Indeed, there would be no Act without each of these crucial pieces."
"It is important to note that the provisions casually set aside by the court were the result of months of compromise and negotiation, with significant input and support from Pennsylvania's local government associations," Corbett said. "Both the County Commissioners Association of Pennsylvania and the Pennsylvania State Association of Township Supervisors, which represents 1,455 municipalities, urged passage of the law. This decision endangers the jobs of tens of thousands of Pennsylvanians and deprives citizens of their property rights.
"It is the General Assembly and Governor's prerogative to establish policy; it is the court's job to pass judgment on the constitutionality of this policy, not its merits. Act 13 clearly meets the constitutionality test, and I am confident the Supreme Court will adhere to its responsibility in a prompt and timely manner."
The legal challenge to the Chapter of Act 13 that took over municipal zoning of oil and gas operations was challenged by Delaware Riverkeeper Network and seven municipalities: Township of Robinson, Washington County; Township of Nockamixon, Bucks County; Township of South Fayette, Allegheny County; Peters Township, Washington County; Township of Cecil, Washington County; Mount Pleasant Township, Washington County; and the Borough of Yardley Bucks County.  A doctor from southwestern Pennsylvania also was a plaintiff, Dr. Mehernosh Khan.  Unfortunately the Court did not reach the physician gag rule issue, finding the doctor did not have standing.  Counsel for Petitioners are John M. Smith, Esq., Jonathan M. Kamin, Esq., Jordan B. Yeager, Esq., William A. Johnson, Esq., and Susan Kraham of the Environmental Law Clinic, Columbia University School of Law.
A copy of the decision is available online.

Corbett Appeals Court Decision On New Marcellus Shale Law

Gov. Tom Corbett Friday announced the state has appealed to the state Supreme Court yesterday's Commonwealth Court split decision which set aside key provisions of the state's new Marcellus Shale law.
           "The provisions struck down by the Commonwealth Court are critically important for job creators who are employing more than 240,000 Pennsylvanians, for landowners seeking to exercise their property rights, and for local governments looking for guidance on how they may reasonably regulate oil and gas operations," Corbett said. "The provisions are also integral to the enhanced environmental standards and impact fee revenue portions of the Act. Indeed, there would be no Act without each of these crucial pieces."
           "It is important to note that the provisions casually set aside by the court were the result of months of compromise and negotiation, with significant input and support from Pennsylvania's local government associations," Corbett said. "Both the County Commissioners Association of Pennsylvania and the Pennsylvania State Association of Township Supervisors, which represents 1,455 municipalities, urged passage of the law. This decision endangers the jobs of tens of thousands of Pennsylvanians and deprives citizens of their property rights.
           "It is the General Assembly and Governor's prerogative to establish policy; it is the court's job to pass judgment on the constitutionality of this policy, not its merits. Act 13 clearly meets the constitutionality test, and I am confident the Supreme Court will adhere to its responsibility in a prompt and timely manner."

Chesapeake Bay Foundation Applauds Drilling Law Court Decision

LeeAnn Murray, Pennsylvania Staff Attorney for the Chesapeake Bay Foundation Friday issued the following statement in response to a recent Commonwealth Court of Pennsylvania decision affirming the ability of local authorities to zone drilling activities. The Court additionally overturned a permit waiver provision.
           “The Commonwealth Court of Pennsylvania yesterday issued a significant win for the state’s natural resources and citizens by closing a loophole in the regulation of drilling for natural gas.
           "Their decision ensures the environmental protections of Act 13 are carried out by striking a provision that allows the Department of Environmental Protection (DEP) to permit a waiver of established setbacks from water sources.
           "Section 3215(b) of the Act establishes specific setbacks between the wellbore or disturbed area of the well and a water source.  The Court said that as written, the waiver provision does not provide adequate guidance to DEP on when setbacks should or could be waived.  Since the ultimate goal is to protect waterways, wetlands, and other water bodies, the waiver provision becomes ineffective in ensuring those protections remain in effect.
           "While it is likely that this action will be appealed, CBF commends the Commonwealth Court of Pennsylvania in this recent decision. As a member of the Governor Corbett’s Marcellus Shale Commission, we advocated and will continue to advocate for environmental protections that protect our natural resources and the health of the citizens of the Commonwealth.”

PEC Reacts To Drilling Law Court Decision

The PA Environmental Council issued this statement on the Commonwealth Court decision striking down key provisions of the Act 13 Marcellus Shale drilling law adopted in February:
"Yesterday the Commonwealth Court of Pennsylvania issued a significant decision that reaffirmed the constitutional rights and responsibilities of local governments to enact rational and necessary controls on natural gas activities. The decision also invalidated provisions of Act 13 that inappropriately expanded waiver allowances to permit siting standards for unconventional gas wells.
“The Pennsylvania Environmental Council fully supports and commends the Commonwealth Court's decision. Responsible development of natural gas in Pennsylvania requires thorough consideration of our unique community and natural resources, with appropriate site-specific and regional protections in place as a result of that analysis.
“Responsible development of natural gas is important to the people and economy of Pennsylvania, but of equal importance are appropriate community, health, and environmental protections. The Court’s decision ensures that Pennsylvania’s Oil & Gas Act better meets those goals.”

Friday NewsClips

State Judges Throw Out Drilling Law Zoning Provisions
Court Strikes Down Some Provisions Of New Drilling Law
State Court Knocks Out Key Piece Of Gas Drilling Law
Court: Gas Drilling Law Violates State Constitution
Court Voids Key Parts Of PA Gas Drilling Law
State Court Tosses Zoning Limits In Gas Law
Drilling Law’s Zoning Restrictions Are Unconstitutional
Local Officials Thrilled by Drilling Law Decision
Reaction To Drilling Law Court Decision
Landis Homes’ Floodplain Restoration Project Takes Shape
Desperate Days At Quecreek Recalled
Quecreek Miners Thankful For 2nd Chance At Life
All 9 Alive, The Quecreek Rescue 10 Years Later
Radiio Smarttalk: Quecreek Mine Rescue
Somerset Link To 9/11 To Be Honored By Navy
EQT Profit Drops 64 Percent Due To Lower Gas Prices
Consol  Doubles Profit Despite Drop In Revenue
Allentown Steering Away From Bike Lanes?
See Presque Isle From A Kayak
Click Here for PA Capitol Digest NewsClips

Thursday, July 26, 2012

Commonwealth Court Strikes Down Drilling Law Provisions Further Limiting Local Zoning

Commonwealth Court Thursday struck down provisions of the Marcellus Shale Drilling law enacted in February which would have further restricted the application of local zoning to drilling operations and a provision requiring DEP to issue waivers to setback requirements of the state Oil and Gas Act.
The decision leaves in tact stricter environmental standards for drilling operations and the county-adopted drilling impact fee.
This decision can be appealed to the state Supreme Court or the drilling industry or other interests may seek to pass some sort of corrective legislation in the fall legislative session or both.

The legal challenge to the Chapter of Act 13 that took over municipal zoning of oil and gas operations was challenged by Delaware Riverkeeper Network and seven municipalities: Township of Robinson, Washington County; Township of Nockamixon, Bucks County; Township of South Fayette, Allegheny County; Peters Township, Washington County; Township of Cecil, Washington County; Mount Pleasant Township, Washington County; and the Borough of Yardley Bucks County.  A doctor from southwestern Pennsylvania also was a plaintiff, Dr. Mehernosh Khan.  Unfortunately the Court did not reach the physician gag rule issue, finding the doctor did not have standing.  Counsel for Petitioners are John M. Smith, Esq., Jonathan M. Kamin, Esq., Jordan B. Yeager, Esq., William A. Johnson, Esq., and Susan Kraham of the Environmental Law Clinic, Columbia University School of Law.
A copy of the decision is available online.
Industry Comments

Marcellus Shale Coalition president Kathryn Z. Klaber issued the following statement on the ruling: “The premise for the General Assembly's action earlier this year was to provide certainty and predictability that encourages investment and job creation across the Commonwealth. Lack of uniformity has long been an Achilles’ heel for Pennsylvania and must be resolved if the Commonwealth is to remain a leader in responsible American natural gas development and reap the associated economic, environmental and national security benefits.”
Environmental Reaction
“The Court has recognized that the Pennsylvania legislature and Gov. Corbett went too far.  This is a great victory for the people of Pennsylvania, for local democracy, for property rights, for our public health, and for the clean water supplies on which we all depend,” said Jordan Yeager, attorney for plaintiffs Delaware Riverkeeper Network, Nockamixon Township and Yardley Borough.
Maya van Rossum, the Delaware Riverkeeper, stated “This is why we brought Act 13 to the Court – to petition for fairness and to fight off the heavy hand of gas and oil interests who wanted complete and utter control of every corner of every community in the state.  Pennsylvania and the environment we all depend on have won today.”  
“This court decision did what the Legislature and the Commonwealth’s government did not do – recognize that municipalities need to act to protect their residents and that under the Law we have a right to that protection and will fight for it.  This decision proves the fight is well worth it,” concluded van Rossum.
“Not only has the Court recognized that the law was unconstitutional because of the illegal preemption of municipal zoning but it also recognized the untenable waiver provisions in Act 13, which allowed drillers to have setback provisions in the law (required distances between gas wells and homes, for instance) removed completely, a nightmare that made Act 13 one of the worst pieces of environmental legislation ever passed by the state Legislature,” said Tracy Carluccio, Deputy Director, Delaware Riverkeeper Network.  
“This is a great start to addressing the lack of protection for public health and the environment from oil and gas activities here in Pennsylvania,” added Carluccio.
Legislative Comments
House Democratic Leader Frank Dermody (D-Allegheny) said the court decision to overturn significant portions of the state’s Marcellus Shale impact fee law is a resounding victory for all Pennsylvania residents.
Rep. Dermody particularly welcomed the Commonwealth Court’s rejection of the law’s override of local zoning powers. With this ruling, the longstanding authority of municipalities to regulate land uses within their boundaries is preserved.
“The preemption of local zoning power was one of the most objectionable parts of this sham Marcellus Shale law which was pushed through by Republicans and signed by Governor Corbett in February,” Rep. Dermody said. “It stripped away the zoning rights of every local community in the state.”
“The court carefully weighed testimony on this question and made the correct decision to restore the rights of municipalities and put zoning back in the hands of local officials where it belongs,” he said.
“This will not hurt the ability of natural gas drillers to conduct their operations. It simply affirms that these companies don’t get the special treatment that the governor tried to ensure for them in Act 13. They have to comply with local zoning ordinances just like everybody else.
“Development of the Marcellus Shale natural gas reserves is bringing jobs and business to many communities,” Rep. Dermody said. “But it’s crucial that the drilling industry respects local zoning ordinances and is regulated so that the environment and neighbors are protected.
“Today’s ruling was a huge victory because without local control, people living anywhere in Pennsylvania would be unable to prevent a drilling rig or compressor station from being built next to a school, day care center, playground or church,” he said.
“The court struck an important blow to stop a small group of multi-billion-dollar, out-of-state oil and natural gas conglomerates from riding roughshod over Pennsylvania residents, families and whole communities,” Rep. Dermody said.
NewsClips:
State Judges Throw Out Drilling Law Zoning Provisions
Court: Gas Drilling Law Violates State Constitution
Court Voids Key Parts Of PA Gas Drilling Law
Drilling Law’s Zoning Restrictions Are Unconstitutional

Thursday NewsClips

Museum Documents Quecreek Mine Rescue
EPA Says Dimock Water Safe To Drink
EPA To Stop Water Deliveries To Dimock
EPA To Stop Dimock Water Deliveries
EPA Completes Drinking Water Sampling In Dimock
Driller Agrees To EPA Penalty Settlement
Recycling Drilling Site Plastic Liners
Casey Introduces Bill To Support Natural Gas Vehicles
PA To Revamp Process To Approve DEP Permits
Air Quality Alerts Planned For Johnstown
TMI Report Slightly Elevated Tritium Levels
Fish & Boat Commission President Bring Experience To Position
Column: Lancaster County Needs Trees, Plenty Of Them
Click Here for PA Capitol Digest NewsClips

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