Act 13 Ruling Impacts Cranberry Plans for Marcellus Shale Drilling Regulations

The state Commonwealth Court’s put a different twist on a public hearing Cranberry held Thursday on a proposed ordinance dealing with drilling in the Marcellus Shale.

The hearing was on an amendment to the township zoning ordinance that would have brought Cranberry into compliance with the state’s legislation governing Marcellus Shale operations. Also known as Act 13, the Gov. Tom Corbett-supported bill required statewide zoning regulations for drilling in the Marcellus Shale.

Communities that did not follow the guidelines—which superseded hundreds of individual zoning ordinances already put into place by local municipalities across the state—risked losing impact fee revenues.

All that changed Thursday.

In light of the court’s ruling that the local zoning provision portions of Act 13 were unconstitutional, Cranberry solicitor Vicki Beatty recommended supervisors reject the proposed amendment to the township ordinance.

If officials agree to vote down the proposed amendment, the community would keep its current regulations regarding drilling in the Marcellus Shale. Officials are expected to vote on the measure Aug. 2.

“A Good Ordinance”

Approved in 2010, the current policy restricts drilling to areas zoned for commercial and industrial use, primarily along the Route 19 business corridor. Township manager Jerry Andree added the regulation limits heavy truck traffic typically associated with gas well drilling to non-residential areas.

“It’s a good ordinance,” he said.

In March, seven communities—including Robinson, Cecil and Peters townships—an environmental group and a medical doctor In the petition, the group claimed Act 13’s zoning provisions made it difficult for local governments to protect the interests of its residents.

Although Cranberry did not join in the lawsuit, Andree said township officials supported the challenge to the Act.

The Commonwealth is expected to appeal the opinion to the state supreme court. In the meantime, Cranberry Township supervisor Dick Hadley said he hopes the ruling is allowed to stand.

"With regard to the elimination of the statewide ban on local zoning, this will allow local government to plan for the orderly development of their municipalities, which Cranberry Township is well noted for," he said.

Advocates Speak Out

According to members of Marcellus Outreach Butler who attended Thursday’s board of supervisors meeting in Cranberry, the court’s ruling Thursday was a step in the right direction.

“It’s not the battle won, but Act 13 was so egregious,” said Diane Sipe, an organizer with the Butler County-based advocacy group.

Speaking during the public comment portion of the meeting, Sipe encouraged Cranberry officials to support the challenge to Marcellus Shale legislation.

“With the understanding now that they will appeal that decision as unconstitutional, I come to ask you for your support for the litigants in the seven municipalities, to stand with them, support them in fighting that appeal and to join us,” she said.

, the Democratic contender running in the to replace former in the 40th District, also spoke at the meeting. A McCandless resident, Brown, whose background is in public health, used her own experiences dealing with Marcellus Shale regulations in that community to give advice to Cranberry officials.

“Use this as an opportunity to step back and revisit your ordinance and make sure that you’re covering—and doing so prudently—the potential health effects for air and water for your neighborhood,” she said. “I encourage you to make provisions for the protection of the Pennsylvania constitution, which guarantees every citizen the access of clean air and water.”

What do you think of the Commonwealth Court’s decision to strike down the local zoning provisions of Act 13? Do you support the petitioners’ challenge to the law? Why or why not? Leave your opinion in the comment section below.