Harrisburg – Dec. 19, 2013 – In a significant decision announced today, the state Supreme Court overturned portions of Act 13, a law that established an extraction fee and regulations regarding Marcellus shale drilling in Pennsylvania.

Several members of the Senate Democratic caucus participated in the case by filing an amicus brief in support of overturning the blanket local zoning preemption provision and the setback requirements related to sensitive water resources.

State Sen. Jay Costa (D-Allegheny), the Senate Democratic leader, offered his reaction to the decision:

“The court’s decision to overturn portions of Act 13 – those provisions that involve zoning restrictions and the community’s right to protect their own water resources – provides Pennsylvania lawmakers with a second chance to craft a better, more responsible law.  This is an opportunity to revisit an issue and devise a shale drilling law that is meaningful; one that offers protections for our citizens, communities and a valuable Pennsylvania natural resource.

“While Act 13 included a wide range of subjects, it failed to institute a reasonable shale drilling tax and took too much control away from local municipalities.  We left too much control in the hands of gas drilling companies and the governor was too lenient in dealing with energy companies at the expense of Pennsylvania’s citizens and our communities.

“Senate Democrats are hopeful that the governor will work with legislators on a balanced plan that includes a responsible approach to drilling restrictions and community protections.”

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