Court Dismisses Challenges To Act 13, Enjoins PUC Review Of Local Ordinances
“Commonwealth Court Thursday dismissed the remaining challenges to the Act 13 drilling law remanded for reconsideration by the PA Supreme Court, but did enjoin the Public Utility Commission from reviewing local ordinances regulating drilling consistent with the higher Court’s ruling in December. Issues considered by the Court include—- Drinking Water Supply Notification: Whether notice to only public drinking water systems following a spill resulting from drilling operations, but not private water suppliers, is unconstitutional because it is a special law and/or violates equal protection. The Court ruled there are valid reasons for treating notification of public drinking water supplies and private well owners differently based on the fact DEP does not regulate private wells, may have no knowledge of the location of all the wells and that public drinking water systems can not be easily replaced if affected by a spill. The Court said, however, that does not mean DEP or the drilling company should not use its best efforts to notify affected well owners”
North CEntral PA.com 17 July 2014.