Pa. Tells High Court Towns Can't Challenge Fracking Law

Law360, Philadelphia (September 5, 2012, 5:03 PM EDT) -- The state of Pennsylvania argued that municipalities lack standing to challenge a law designed to encourage drilling in the Marcellus Shale, claiming in an appeal brief filed Tuesday in the state Supreme Court that the Commonwealth Court erred in declaring the law unconstitutional.

The brief —  filed on behalf of the state’s Department of Environmental Protection, attorney general’s office, and Public Utilities Commission — contended that the state’s General Assembly holds the authority to impose restrictions on municipal zoning with regard to gas and oil drilling.

“While local...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.