26 Jul '12, 10pm

Green Blog: Court Rejects a Ban on Local Fracking Limits

A Pennsylvania court on Thursday struck down a provision of a state law that forbade municipalities to limit where natural gas drilling can take place within their boundaries. The law, known as Act 13 and approved in February, required that drilling be allowed in all zoning districts, even residential areas, although with certain buffers. The law had been sought by drillers who have been fracking in the Marcellus Shale and wanted uniformity in rules on where they could drill. But an appellate court found such a requirement unconstitutional, saying it allowed “incompatible uses in zoning districts,” failed to protect the interests of neighboring property owners and altered the character of neighborhoods. Lawyers for the seven municipalities that sued over the state law said the court had reinstated their power to carry out basic zoning. “It will allow local governments to c...

Full article: http://green.blogs.nytimes.com/2012/07/26/court-rejects-a...

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