Judge puts a hold on Marcellus zoning law

HARRISBURG - A state judge on Wednesday granted a 120-day halt to provisions in the new Marcellus Shale drilling law that would override local zoning ordinances for industry activity.

That order - released hours after a Commonwealth Court hearing on a lawsuit filed by seven towns, including two in Bucks County - prevents the land-use portions of that law from going into effect Saturday.

However, Commonwealth Court Senior Judge Keith Quigley suggested that the towns' wider challenge to the constitutionality of the local zoning limitations is questionable, saying in a two-page order that he was not convinced that "the likelihood of success on the merits is high."

In the order, Quigley stated that the local ordinances must remain in effect until a challenge under the new law finds them invalid.

"Municipalities must have an adequate opportunity to pass zoning laws that comply with Act 13 without the fear or risk that development of oil and gas operations under Act 13 will be inconsistent with later validly passed local zoning ordinances," the order reads.

The decision gives towns an additional 120 days beyond that already included in the law to revise their drilling-related rules.

The ruling does not prohibit the bulk of the 174-page statute - including sections related to an impact fee and an overhaul of state environmental regulations.

A spokesman for Gov. Corbett has said the administration is confident the law will withstand judicial scrutiny.

The municipalities challenging the law - Nockamixon and Yardley in Bucks County; Cecil, Peters, Mount Pleasant, and Robinson in Washington County; and South Fayette in Allegheny County - argued that allowing the law to take effect Saturday would leave towns temporarily powerless to protect their residents' quality of life and property values, especially if companies promptly seek permits before the towns can rewrite their ordinances to comply with the law.