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Court Orders PUC to Halt Act 13 Ordinance Reviews

Friday October 26th, 2012

On October 25, the Commonwealth Court ordered the Public Utility Commission to cease and desist from acting upon requests made under Section 3305 of Act 13 to review municipal ordinances to determine whether they comply with the Municipalities Planning Code and Chapters 32 and 33 of Act 13.

The court held that its July 26 order enjoins any section of Act 13 that enforces Section 3304, including Section 3305. That order struck down Act 13 language that restricts local governments’ ability to zone for and regulate natural gas drilling. However, the PUC moved forward with ordinance reviews while the case is on appeal to the state Supreme Court.

PSATS recommends that townships contact their solicitors with any questions about the impact of this order on pending requests for advisory opinions or requests for formal ordinance reviews.