Pennsylvania Act 13

Sun, 2012-09-23 23:39Steve Horn
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Climate SOS Ends with Shale Gas Outrage, Autumn Begins with Global Frackdown

Global grassroots activism is heating up alongside a scarily ever-warming climate.

Since the beginning of 2012, we've seen the Arab Spring, the Wisconsin Uprising, the Tar Sands Action, and the ongoing Keystone XL Blockade. In the climate justice movement, some have referred to the recently passed summer as the Climate Summer of Solidarity (SOS).

The SOS closed with an action organized by Protecting Our Waters called Shale Gas Outrage, which took place in the heart of the global fracking boom, Philadelphia, PA, home of the Marcellus Shale basin. Outrage was warranted, given that this year's Shale Gas Insight unfolded in the City of Brotherly Love. Insight was sponsored by Chesapeake Energy, Chevron, Range Resources, EOG Resources, Aqua America (who stands to profit off of water as a scarce resource via fracking), and many others.

Speakers at the pre-march rally included the likes of “Gasland” Producer and Director Josh Fox, author and ecologist Sandra Steingraber, environmental journalist and activist Bill McKibben and Food and Water Watch Executive Director Wenonah Hauter; former Pittsburgh City Council member and writer of the ordinance that banned fracking in the city, Doug Shields, as well as members of the Pennsylvania community whose livelihoods have been deeply affected at the hands of the shale gas fracking industry. 

Upon the rally's completion, activists zig-zagged up and down Philly's streets, making stops at the Obama for President campaign headquarters and Governor Tom Corbett's campaign headquaters.   

Fri, 2012-07-27 03:30Steve Horn
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Exposed: Pennsylvania Act 13 Overturned by Commonwealth Court, Originally an ALEC Model Bill

On July 26, the Pennsylvania Commonwealth Court** ruled PA Act 13 unconstitutional.*** The bill would have stripped away local zoning laws, eliminated the legal concept of a Home Rule Charter, limited private property rights, and in the process, completely disempowered town, city, municipal and county governments, particularly when it comes to shale gas development.

The Court ruled that Act 13 “…violates substantive due process because it does not protect the interests of neighboring property owners from harm, alters the character of neighborhoods and makes irrational classifications – irrational because it requires municipalities to allow all zones, drilling operations and impoundments, gas compressor stations, storage and use of explosives in all zoning districts, and applies industrial criteria to restrictions on height of structures, screening and fencing, lighting and noise.”

Act 13 – pejoratively referred to as “the Nation's Worst Corporate Giveaway“ by AlterNet reporter Steven Rosenfeld – would have ended local democracy as we know it in Pennsylvania.

“It’s absolutely crushing of local self-government,” Ben Price, project director for the Community Environmental Legal Defense Fund (CELDF), told Rosenfeld. “It’s a complete capitulation of the rights of the people and their right to self-government. They are handing it over to the industry to let them govern us. It is the corporate state. That is how we look at it.”

Where could the idea for such a bill come from in the first place? Rosenfeld pointed to the oil and gas industry in his piece.

That's half of the answer. Pennsylvania is the epicenter of the ongoing fracking boom in the United States, and by and large, is a state seemingly bought off by the oil and gas industry.

The other half of the question left unanswered, though, is who do oil and gas industry lobbyists feed anti-democratic, state-level legislation to?

The answer, in a word: ALEC.

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