After over a year of negotiations, the very pro-industry bill appeared quickly and was passed by both houses in less than two days. It established Pennsylvania’s “impact fee” at a significantly lower rate than any major gas-producing states’ extraction tax. Neighboring states have a 4 to 5 percent tax. According to reports, the compromise bill was presented to the General Assembly before the conference committee even met, causing some more knowledgeable about Harrisburg politics than this writer to speculate about who had actually authored the pro-gas industry legislation.
Left in the dark? Maybe, — or maybe it was just the industry’s investment in Pennsylvania politics paying off.
According to Common Cause and the Conservation Voters of Pennsylvania, the natural gas industry has spent over $29 million dollars in campaign contributions and lobbying efforts in this state during the past dozen years. Top recipients of industry money given between 2000 and April 2012 included Gov. Corbett with $1,813,205.59, Senate President Joseph Scarnati (R-northcentral PA) with $359,145.72, Rep. Dave Reed (R-Indiana) with $137,532.33, House Majority Leader Rep. Mike Turzai (R-Allegheny) with $98,600, and Sen. Don White (R-Indiana & parts of 4 other counties) with $94,150. Jake Corman (R-Centre) accepted $91,290. Of the top 50 political recipients, 34 were Republicans and 16 were Democrats.
The Supreme Court ruling struck down three sections of Act 13. Section 3215(b)(4) required the Department of Environmental Protection to waive setbacks for drilling activities from streams, lakes and wetlands as long as a driller submitted a plan purportedly showing that those waters would be protected. Section 3303 established statewide rules for oil and gas activities irrespective of existing or future local zoning rules. Section 3304 required municipalities to allow oil and gas development activities in all zoning areas.
The court’s ruling is significant in that it nullified these three provisions of Act 13, but even more so because of the court’s reason for doing so. In the 162-page decision, Chief Justice Ronald D. Castille referred many times to Article 1, Section 27, of the Pennsylvania Constitution — often called the Environmental Rights Amendment.
Castille noted that Pennsylvania “has a notable history of what appears retrospectively to have been a shortsighted exploitation of its bounteous environment.” He did not want to see that repeated.
In a phone interview late last week, John Quigley commented about the importance of the court’s ruling.
The gas industry was quick to blast the high court’s late December decision. Marcellus Shale Coalition president Dave Spigelmyer issued a statement in reaction to the ruling.
“Although we will continue to collaborate with communities across the Commonwealth, today’s decision is a disappointment and represents a missed opportunity to establish a standard set of rules governing the responsible development and operation of shale gas wells in Pennsylvania.
“This outcome should also serve as a stark reminder to policymakers of Pennsylvania’s business climate challenges. If we are to remain competitive and our focus is truly more job creation and economic prosperity, we must commit to working together toward common sense proposals that encourage — rather than discourage — investment into the Commonwealth,” Spigelmyer said.
Quigley praised the court’s decision.
The court’s decision was an early Christmas present for anyone who enjoys hunting, fishing or just being outdoors.