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PA: Local Regulation and Preemption

By Greg Russell

We've reported previously on preemption and recent efforts in Pennsylvania to enhance local regulation (see here, e.g.).  The Tribune-Review is reporting that the state's Public Utilities Commission has rejected Pittsburgh's ban on hydraulic fracturing as contrary to state and federal law:  "Pittsburgh City Council overstepped its authority in 2010 when it banned Marcellus shale drilling in the city, according to an opinion issued this week by the Public Utility Commission. *** The commission reviewed Pittsburgh’s ordinance at the request of city Solicitor Daniel Regan and found that sections containing environmental and oil and gas regulations were pre-empted by state and federal law."

That's not the only decision on this issue ...

Tags: Hydraulic Fracturing, Energy

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