Municipal Law Alert Regarding Act 13 of 2012April 12, 2012
On April 12, 2012 in Robinson Township, et. al., v. Commonwealth of Pennsylvania, et. al. No. 284 M.D. 2012, the Commonwealth Court issued an preliminary injunction to enjoin the effective date of Section 3309(b) of Act 13 (“A local government that has enacted a local ordinance relating to oil and gas operations prior to the effective date of this chapter shall have 120 days from the effective date of this chapter to review and amend an ordinance in order to comply with this chapter.”), to allow municipalities to “[h]ave an adequate opportunity to pass zoning laws that comply with Act 13 without fear or risk that development of oil and gas operations under Act 13 will be inconsistent with later validly passed local zoning ordinances.” The Court agreed with the Petitioners that 120 days was not sufficient time to allow for amendments of local ordinances.
Municipalities that had been required to enact the local ordinances that allowed for the reasonable development of oil and gas resources pursuant to the requirements of Act 13 on or before April 14, 2012, now have an additional 120 days to enact such local ordinances.
A copy of the Order issued by Senior Judge Quigley can be viewed here.
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