Act 13 Struck Down - Local Zoning Upheld for Gas Drillers (Penn: 2013, homes)

[Duderino]

I thought it was important to share this news this morning, which has implications for all Pennsylvanians. The PA Supreme Court has struck down a very controversial provision in the Act 13 law passed several years ago that restricts local governments' ability to regulate gas drilling. It had forced every municipality to accept drilling in every conceivable area -- including residential areas.

Now, municipalities retain to right to zone gas drilling like any other industrial activity.

I personally think this is wonderful news for Pennsylvania. It's absolute insanity to sell out our natural resources and quality of life to big business for what essentially amounts to a quick buck. Even more insane is that, before it was ruled unconstitutional, Act 13 allowed gas drilling to receive less scrutiny/regulation than where to place a nursing home.

I have strong opinions on this matter, but I am curious to hear others' thoughts on this topic.


Pennsylvania Supreme Court strikes down controversial portions of Act 13 | StateImpact Pennsylvania

[maf763]

I agree with you. The more decisions that can be made at the local level, the better. There is certainly concern that local officials may sell out their communities, but under Act 13, the sellout of communities was practically inevitable.

[thecoalman]

Originally Posted by Duderino

It's absolute insanity to sell out our natural resources and quality of life to big business for what essentially amounts to a quick buck.

True, those greedy bastards providing cheap heat and electricity to homes and business's all over the US just to make money.

As far as this ruling goes I'm on the fence becsue you're removing the right of the individual land owners. You need to strike a balance between providing cheap energy, land owner concerns and the community's concerns. Common sense regulations that will allow a community to prevent drilling in their back yard makes sense but there is line here between the landowners rights and the Community's rights. There is other major concerns such as a small community becomes a road block to large multi million dollar projects that are going to benefit hundreds of thousands or even millions of people.

[thecoalman]

Originally Posted by maf763

The more decisions that can be made at the local level, the better.

It doesn't get any more local than the individual landowner.

[Duderino]

Originally Posted by thecoalman

True, those greedy bastards providing cheap heat and electricity to homes and business's all over the US just to make money.

Yes, we should never question the intentions of energy companies, right? They've always been so forthright and have the environment's best interest in mind.

Originally Posted by thecoalman

As far as this ruling goes I'm on the fence becsue you're removing the right of the individual land owners. You need to strike a balance between providing cheap energy, land owner concerns and the community's concerns. Common sense regulations that will allow a community to prevent drilling in their back yard makes sense but there is line here between the landowners rights and the Community's rights. There is other major concerns such as a small community becomes a road block to large multi million dollar projects that are going to benefit hundreds of thousands or even millions of people.

1. "Rights" are the crux of the debate. Individual home owners' rights do not supersede the rights of the greater public to clean water/air. If I wanted to build a hypothetical factory that spews toxic emissions my backyard that ruins my neighbor's property and decreases its value, then clearly the effects of my factory's do not stop at property lines. That's exactly what could have happened, and Act 13 essentially provided no recourse for individuals whose residential property abutted a potential industrial activity.

2. "Benefits" are not always quantifiable. Especially if the financial benefits are going directly to an energy company based thousands of miles away and the resources are being exported (which they currently are), let's not neglect the fact the there is often very little local benefit related to resource exploitation.

[HappyRider]

It is interesting that we have to hear from someone sitting in DC of all place about what someone in the mountains of Central PA should or shouldn't do with his land. And exactly what calamity has happened in PA before this ruling?

[HappyRider]

Originally Posted by Duderino

let's not neglect the fact the there is often very little local benefit related to resource exploitation.

Really? Then don't cry over ghost towns in the PA coal country where coal companies packed up and left. You want to do the same thing to gas companies it seems. But then life is good DC.

[thecoalman]

Originally Posted by Duderino

Yes, we should never question the intentions of energy companies, right? They've always been so forthright and have the environment's best interest in mind.

Now you are moving the goal posts. My comment was directed at the fact you'll complain about the profits of energy companies but will turn around and support policies that drive those energy costs up. Then you'll complain about the high cost of energy....

Individual home owners' rights do not supersede the rights of the greater public to clean water/air.

If you are going to use the greater good argument you can't ignore the benefits of cheap energy which are numerous and will far outweigh any downsides.

and the resources are being exported (which they currently are),

This is one thing I would agree with and if it were up to me any resource leaving this country would have a substantial export tariff attached to it. Matter of fact I could I would I also attach an environmental impact fee for surrounding states that are benefiting from this energy.

[Duderino]

Originally Posted by HappyRider

It is interesting that we have to hear from someone sitting in DC of all place about what someone in the mountains of Central PA should or shouldn't do with his land.

Oh please. I'm originally from PA, and have plenty of family/friends in the state. Not to mention, the effects of gas drilling do not stop at state lines. Overall, though, your point is irrelevant.

Originally Posted by HappyRider

And exactly what calamity has happened in PA before this ruling?

I'm more than positive you have access to Google. You can look up accidents related to gas drilling there.

[Hopes]

Even though I'm not totally opposed to drilling, I'm glad this didn't pass. We have no problem allowing drilling on our 100 acres upstate, but we would never ever expect our neighbors to endure drilling in our suburban neighborhood. It would lower quality of life and property value. Local governments need this type of control for more densely populated areas.