Pellegrini reasoned that if state lawmakers usurp local control over oil and gas mines, it's only a matter of time before they decide that industrial chicken farms and fireworks plants should be allowed in residential zones. "It would allow the proverbial 'pig in a parlor instead of the barnyard,'" writes the President Judge.
Just as colorfully, dissenting Judge P. Kevin Brobson quips that "this particular pig ... can only operate in parts of this Commonwealth where its slop can be found."
The Court's decision, incidentally, has some interesting language about standing and special legislation.
While making no references to pigs, Congressional candidate Matt Cartwright praised the decision for restoring "the autonomy of local municipalities in protecting the air and water of our local neighborhoods. Once again, citizens can expect look to local elected officials to stand up to forces that may pose environmental threats to local communities.”
Cartwright added that he hopes state lawmakers "will take this as a cue to enact responsible environmental regulations, charge a fair severance tax on drillers, and allow local communities to protect themselves from future environmental harm.”
Bernie,
ReplyDeleteIn other words, the Court overturned the Republican agenda, in their attempt to control local issues.
Ironically, The E-T reports that Bethlehem Twp. is looking at limiting the size of a township famer's cattle herd.
ReplyDeleteThank you Commonwealth Court.
ReplyDeleteAnon 545am can't we just celebrate a good decision by the court to overturn a bad law instead of using it to bash Republicans?
ReplyDeleteThen someone would have to bring up Obamacare or some other trashy Democratic law and then off we go.
Please try, we all need to.
The Banker
Now allow the municipalities to tax the marcellus shale idiots and keep the monies in their communities.
ReplyDeleteThe sky is falling! They're coming for our children! Oh the humanity!
ReplyDeleteAssholes:
http://www.northcentralpa.com/feeditem/2012-07-26_long-overdue-epa-finally-clears-dimock%E2%80%99s-water-0
Sal's ready to chase drilling out of Easton. Good for him. Perhaps the King of Krypton will come town with jobs to offer someday. He'll get a key to the city and the red carpet treatment at the high school sports hall of fame anchor project. Dimock PA has cleaner water and more jobs than Easton. And no gunfire!
ReplyDeleteThis was a Bad Republican agenda Law to controle Local Government issues.
ReplyDeleteObama Care is another Bad Law made by Democrats and Republicans.
Rep. Simmons pushed this Legislation and Voted for the passage of this Law.
ReplyDelete@ 6:07 Kevin Deeley, do come out from your cloud of anonymity...
ReplyDeleteCorbitt needs to be impeached for this and other blatant mis-uses of government!
You're right, This was Corbett and Simmons Bill. They pushed this as their Signature piece of Legislation. This was also hailed as one of the largest TAX increases in State History.
ReplyDeleteYou're right, This was Corbett and Simmons Bill. They pushed this as their Signature piece of Legislation. This was also hailed as one of the largest TAX increases in State History.
ReplyDeleteWe were Betrayed!
ReplyDeleteIt's not notable when a Politician proposes and then votes for a piece of legislation that is then passed....and later over-turned by the Courts.
ReplyDeleteJudge Simpson was a dissenter
ReplyDeleteYes, he was. But as in this case, the voter ID case is going to the Supreme Court. So whatever is decided, it will get another look from the Court of Final Error.
ReplyDeleteBernie,
ReplyDeleteIt just got better,
immediately after this decision, CORBETT, Justine SIMMONS and Company appealled the Decision to the State Supreme Court. This will Cost Local TAXPAYERS additional funds.
Corbett and Simmons, their attempting to Limit local Government, to consolidate power in Harrisburg.
ReplyDeleteIt's "They're," not "their." I would think Kevin Deely, who proclaims himself a teacher, would have a better understanding of grade school grammar.
ReplyDeleteBernie,
ReplyDeleteIt wasn't Daley who made the mistake with Their, there or They're.
Sorry! lol
I will assume every OT anonymous shot at Simmons is coming from Deely.
ReplyDeleteAnonymous 10:47:
ReplyDeleteI do not oppose responsible, safe and WELL regulated gas drilling.
I clicked on the link that you provided. It is a link to a publication that has been bought and paid for by the gas industry, so the credibility of the piece is in question. Did you happen to read the comment at the bottom of the article?
Unless you have served as an elected official and have had your hands tied by the state as it relates to protecting the health and welfare of your constituents, you will never understand the detriment a piece of legislation like act 13 can cause a community.
Your use of profanity directed at anyone who does not agree with you is unwarranted.
The appeal will be interesting, as the decision made little sense legally, no matter which side of the issue one is on. Since municipalities only have the powers the legislature gives them, on what conceivable basis could the Commonwealth Court say that the state can't choose to regulate by itself certain issues previously granted (by the legislature)to the municipalities to control locally?
ReplyDeleteFrom a legal perspective you are probably right Blake.
ReplyDelete