Fracking: areas of concern in Allegheny County (Penn: homes, living in)

[Buckeye Burgher]

The Federal Government does this all the time. They regulate in order to pre-empt state and local governments from doing so. Often at the behest of big business.

The one thing business absolutely hates to deal with is a patchwork of laws and regulations that vary from place to place. They'd rather have Washington impose a uniform set of rules on them, so at least they can know that they'll be dealing with and prepare accordingly.

Act 13 was just an attempt to do the same thing at the state level.

[Moby Hick]

Originally Posted by Buckeye Burgher

Act 13 was just an attempt to do the same thing at the state level.

No. Look at the link in my comment at 9:40 a.m. today. Act 13 was a specific attempt to say that cities couldn't restrict where drilling could would go. To my knowledge, the feds have never come in and said a city had to allow a factory in a residential zone or anything like that.

[Lost_In_Translation]

Originally Posted by Moby Hick

No. Look at the link in my comment at 9:40 a.m. today. Act 13 was a specific attempt to say that cities couldn't restrict where drilling could would go. To my knowledge, the feds have never come in and said a city had to allow a factory in a residential zone or anything like that.

The city can reject an oil well from being placed in an obvious residential zoned area and the oil and gas operator then must appeal to the commonwealth court whether the ordinance is a reasonable use of zoning. Then the township must demonstrate that the zoning follows the given commonwealth zoning guidelines and is not an arbitrary use of power because of personal issues with oil and gas. I fail to see where oil and gas is given carte blanche to do as they please. The state was just trying to give the industry some guarantee of fairness rather than allow minor townships to blackmail or reject drilling unreasonably. Unfortunately the PA Supreme Court views local government as supreme meaning some townships will hinder wealth accumulation of their cotiEns by denying them the ability to grant oil and gas leases in reasonable rural locations.

[Moby Hick]

Originally Posted by Lost_In_Translation

The city can reject an oil well from being placed in an obvious residential zoned area and the oil and gas operator then must appeal to the commonwealth court whether the ordinance is a reasonable use of zoning.

You keep saying this without posting any source for your information. Act 13 was intended to be a complete removal of local control over drilling, not something that gives a driller a source of appeal.

The text of the bill is here.

Regular Session 2011-2012 House Bill 1950 P.N. 3048

Some quotes:

Notwithstanding any other law to the contrary, environmental acts are of Statewide concern and, to the extent that they regulate oil and gas operations, occupy the entire field of regulation, to the exclusion of all local ordinances. The Commonwealth by this section, preempts and supersedes the local
regulation of oil and gas operations regulated by the environmental acts, as provided in this chapter.

Shall authorize oil and gas operations, other than activities at impoundment areas, compressor stations and processing plants, as a permitted use in all zoning districts.

[Lost_In_Translation]

Go read the PUC description of the act and what happens. The ordinances come first.

PPUC

[Moby Hick]

Originally Posted by Lost_In_Translation

Go read the PUC description of the act and what happens. The ordinances come first.

PPUC

Your link doesn't work and anything at the PUC site now would have what the PUC will do after the Supreme Court over-ruled the worst of Act 13.

[MountainDewGuy]

As long as there is a ton of money to be made (and there is), the fracking industry will find a way to drill in the city. It sucks, but if they can get themselves exempt from the Clean Water Drinking Act, then they can certainly figure out how to buy enough politicians to start drilling in cemeteries. Just wait.

[Lost_In_Translation]

Originally Posted by Moby Hick

Your link doesn't work and anything at the PUC site now would have what the PUC will do after the Supreme Court over-ruled the worst of Act 13.

Fixed, see slides 31 and 32, pre legal challenge interperation.

[Moby Hick]

Originally Posted by Lost_In_Translation

Fixed, see slides 31 and 32, pre legal challenge interperation.

Thanks for the fixed link. I still see nothing in there suggesting my main point is wrong. The PUC would have reviewed for compliance with Act 13 and Act 13 forbids local governments from prohibiting drilling in areas zoned residential.

[Johnny C]

Yes I can see why you are so concerned, given the tens of thousands of local residents who have either died or have been driven from their homes as a result of fracking.

I would think that proximity to more dangerous highways or crime stats would be a more logical approach...