Quecreek Mine Rescue Celebrated As Triumph Of The American Spirit

The 10th Anniversary of the 2002 Quecreek Mine Rescue of nine trapped miners in Somerset County was celebrated Saturday with a special program featuring former Gov. Mark Schweiker, other state and federal mine rescue officials, private companies involved in the rescue and several of the rescued coal miners.  Click Here for online video from this special event.

Saturday NewsClips

State Leaders Move Swiftly To Appeal Drilling Law Decision
Governor’s Office Appeals Ruling On Shale Drilling
State Appeals Marcellus Shale Law Ruling
Townships Wait For Next Move On Gas Zoning Ruling
Doctor Challenges Drilling Law In Federal Court
Clearfield Residents Worry About Planned Disposal Well
Quecreek Mine Rescue Marks 10th Anniversary
Rescue Workers, Mners Recall Quecreek Miracle
Quecreek Miners Get Together With Their Rescuers
FirstEnergy Compelled To Close Beaver Waste Dump
Casey Appeals To FEMA On West Pittston’s Flooding
Click Here for PA Capitol Digest NewsClips

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

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