Commw Court Asks - Pig in the Parlor or the Barnyard?

Yesterday, a divided Commonwealth Court decided that localities, and not the state, have the right to decide whether the pig belongs in the parlor or the barnyard. Speaking for a four-judge majority, President Judge Dan Pellegrini invalidated most of a state law that trumps local zoning control over Marcellus shale gas drilling.

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.”