Penn. court gives zoning rights back to cities

Struck down: zoning back in the hands of cities

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Luke Johnson

 27 July 2012 22:00 GMT

Pennsylvania’s governor is appealing a ruling from a state appellate court that struck down a provision of a law that stopped municipalities from blocking gas drilling based on local zoning rules.

The Commonwealth Court ruled in a 4-3 decision on Thursday that parts of Pennsylvania’s five-month-old Act 13 - a sweeping law that governs drilling in the state’s Marcellus Shale - were unconstitutional.

The provision takes away the right of townships to decide where shale drilling and hydraulic fracturing can take place within municipal borders.

Thursday’s ruling gives oversight responsibilities back to the municipalities. The ruling was seen as a defeat for the gas industry and a victory for opponents of drilling in Pennsylvania.

Seven municipalities had sued the state, saying the law’s disregard for local zoning laws could leave…

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