The best of EcoWatch, right in your inbox. Sign up for our email newsletter!
Pro-Fracking Law Ruled Unconstitutional by Pennsylvania Supreme Court
The Pennsylvania Supreme Court has ruled that the state's controversial Act 13 is unconstitutional, calling it a special law that benefits the shale gas industry. The massive Marcellus Shale formation, which underlies a large area of Western Pennsylvania, provides more than 36 percent of the shale gas produced in the U.S.
The Pennsylvania State Legislature passed Act 13 in 2012 and it was almost immediately challenged by seven of the state's municipalities along with the Delaware Riverkeeper Network and a private physician. The onerous law enabled natural gas companies to seize privately owned subsurface property through eminent domain, placed a gag order on health professionals to prevent them from getting information on drilling chemicals that could harm their patients, and limited notification of spills and leaks to public water suppliers, excluding owners of private wells that supply drinking water for 25 percent of Pennsylvania residents. Act 13 also pre-empted municipal zoning of oil and gas development.
"The decision is another historic vindication for the people's constitutional rights," stated Jordan Yeager, lead counsel on the case representing the Delaware Riverkeeper Network and Bucks County municipalities on the case. "The court has made a clear declaration that the Pennsylvania legislature cannot enact special laws that benefit the fossil fuel industry and injure the rest of us."
On Dec. 19, 2013, the state Supreme Court issued a narrow ruling on the grounds that the law violated the Environmental Rights Amendment of the Pennsylvania Constitution. That ruling returned local zoning rights to municipalities. It also ordered the state Commonwealth Court to reconsider other provisions. The ruling by the Supreme Court issued Wednesday addresses those rulings and should end the litigation.
Protestors march earlier this year for clean energy.Delaware Riverkeeper Network
The state Supreme Court held that the gag order and exclusion of private wells from notification were all unconstitutional. The ruling prohibits the state Public Utility Commission from having oversight on local ordinances and from withholding certain payments from municipalities that limit shale gas drilling.
In its ruling, the state Supreme Court wrote that the eminent domain provision of Act 13 "is unconstitutional on its face, as it grants a corporation the power of eminent domain to take private property for a private purpose, in violation of the Fifth Amendment of the United States Constitution and Article I, Sections 1 and 10 of the Pennsylvania Constitution."
"A majority of our state legislators joined with the oil and gas industry in placing corporate desires and profits over the constitutional rights of Pennsylvania citizens," said John Smith, the attorney who represented four Western Pennsylvania municipalities in the case. "The Pennsylvania Supreme Court correctly found that the constitution is not a document to be ignored."
The gas industry appeared to shrug it off. "It's not a big deal in the grand scheme of things," said energy attorney Michael Krancer, referring to the court's decision. Krancer was secretary of the Pennsylvania Department of Environmental Protection when the law was passed.
The industry-side Marcellus Drilling News pulled no punches in its reaction to the ruling. They called the plaintiffs "seven selfish towns" (twice in one paragraph) and blamed the ruling on "four left-wing Democrat judges." But even they admitted that, for all practical purposes, Act 13 is now dead.
EcoWatch Daily Newsletter
By Jennifer Molidor, PhD
Climate change, habitat loss and pollution are overwhelming our planet. Thankfully, these enormous threats are being met by a bold new wave of environmental activism.
Trump Makes Strange Claim About Water Efficient Toilets: 'People Are Flushing Toilets 10 Times, 15 Times'
President Donald Trump mocked water-efficiency standards in new constructions last week. Trump said, "People are flushing toilets 10 times, 15 times, as opposed to once. They end up using more water. So, EPA is looking at that very strongly, at my suggestion." Trump asked the Environmental Protection Agency (EPA) for a federal review of those standards since, he claimed with no evidence, that they are making bathrooms unusable and wasting water, as NBC News reported.
By Carey Gillam
Former Monsanto Chairman and CEO Hugh Grant will have to testify in person at a St. Louis-area trial set for January in litigation brought by a cancer-stricken woman who claims her disease was caused by exposure to the company's Roundup herbicide and that Monsanto covered up the risks instead of warning consumers.
A powerful volcano on Monday rocked an uninhabited island frequented by tourists about 30 miles off New Zealand's coast. Authorities have confirmed that five people died. They expect that number to rise as some are missing and police officials issued a statement that flights around the islands revealed "no signs of life had been seen at any point,", as The Guardian reported.
"Based on the information we have, we do not believe there are any survivors on the island," the police said in their official statement. "Police is working urgently to confirm the exact number of those who have died, further to the five confirmed deceased already."
The eruption happened on New Zealand's Whakaari/White Island, an islet jutting out of the Bay of Plenty, off the country's North Island. The island is privately owned and is typically visited for day-trips by thousands of tourists every year, according to The New York Times.
My god, White Island volcano in New Zealand erupted today for first time since 2001. My family and I had gotten off it 20 minutes before, were waiting at our boat about to leave when we saw it. Boat ride home tending to people our boat rescued was indescribable. #whiteisland pic.twitter.com/QJwWi12Tvt— Michael Schade (@sch) December 9, 2019
Michael Schade / Twitter
At the time of the eruption on Monday, about 50 passengers from the Ovation of Seas were on the island, including more than 30 who were part of a Royal Caribbean cruise trip, according to CNN. Twenty-three people, including the five dead, were evacuated from the island.
The eruption occurred at 2:11 pm local time on Monday, as footage from a crater camera owned and operated by GeoNet, New Zealand's geological hazards agency, shows. The camera also shows dozens of people walking near the rim as white smoke billows just before the eruption, according to Reuters.
Police were unable to reach the island because searing white ash posed imminent danger to rescue workers, said John Tims, New Zealand's deputy police commissioner, as he stood next to Prime Minister Jacinda Ardern in a press conference, as The New York Times reported. Tims said rescue workers would assess the safety of approaching the island on Tuesday morning. "We know the urgency to go back to the island," he told reporters.
"The physical environment is unsafe for us to return to the island," Tims added, as CNN reported. "It's important that we consider the health and safety of rescuers, so we're taking advice from experts going forward."
Authorities have had no communication with anyone on the island. They are frantically working to identify how many people remain and who they are, according to CNN.
Geologists said the eruption is not unexpected and some questioned why the island is open to tourism.
"The volcano has been restless for a few weeks, resulting in the raising of the alert level, so that this eruption is not really a surprise," said Bill McGuire, emeritus professor of geophysical and climate hazards at University College London, as The Guardian reported.
"White Island has been a disaster waiting to happen for many years," said Raymond Cas, emeritus professor at Monash University's school of earth, atmosphere and environment, as The Guardian reported. "Having visited it twice, I have always felt that it was too dangerous to allow the daily tour groups that visit the uninhabited island volcano by boat and helicopter."
The prime minister arrived Monday night in Whakatane, the town closest to the eruption, where day boats visiting the island are docked. Whakatane has a large Maori population.
Ardern met with local council leaders on Monday. She is scheduled to meet with search and rescue teams and will speak to the media at 7 a.m. local time (1 p.m. EST), after drones survey the island, as CNN reported.
- New Evidence Suggests Ancient Egypt Was Brought Down by ... ›
- Climate Change Could Set Off Volcanoes - EcoWatch ›
- U.S. Has 18 'Very High Threat' Volcanoes - EcoWatch ›
- Scientists Discover 91 Volcanoes Hidden Under Antarctic Ice Sheet ... ›