Attorneys for a cluster of communities, medical doctor and nonprofit challenging Pennsylvania's new law governing Marcellus Shale play on Wednesday asked the state Supreme Court to deny the request of two top state Republican leaders to intervene in an appeal of Act 13.

State Senator Pro Temore Joe Scarnati and state Leader of the House Rep. Samuel H. Smith made the request to intervene in the appeal, which was filed a day after the Commonwealth Court ruled that portions of the new law dealing with zoning was unconstitutional last month.

In its motion, attorneys for the Act 13 challengers, which include the communities of Cecil and Peters townships, said Scarnati and Smith's request should be denied for several reasons—including the fact that the Commonwealth Court denied a similar request from the lawmakers regarding intervention into the proceedings.

Cecil Township Solicitor John Smith, who is one of the lead attorneys on the case, also said in court paperwork that the legislators failed to state a valid basis for intervention, "as they do not have a legally enforceable interest in the appeal and their interests are adequately represented by (the state)."

In addition, he wrote that allowing the pair to intervene would "be improper as it would cause undue delay to the proceedings, which have already begun to move forward pursuant to an expedited schedule."

To read the entire motion to deny, see the attached PDF file.

To read about the challenge, click here.

To read about the appeal, click here.

To read about the most recent court action in the case, click here.

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