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Tell Your Town: Pass this Resolution Opposing PA Act 13

July 13, 2012

Here’s the complete text of the Resolution opposing Act 13 and supporting the lawsuit to Roll Back Act 13. It’s short, it’s clear, and it’s already been passed by sixty-two Pennsylvania municipalities, in addition to the seven municipalities and towns which filed the original lawsuit. So tell your town, your City Council, your municipality to protect their rights now!

This Resolution can be passed in five minutes flat, regardless of your municipality’s attitude towards fracking. Expert legal analysis, strategic suggestions and a succinct, common sense overview of Act 13 as it relates to municipalities is available here on Delaware Riverkeeper Network’s website.

Please join your municipality’s voice in confronting the arrogant oil and gas industry’s assumption that they can write the laws in Pennsylvania. Prevent fracking corporations’ claiming for themselves special privileges while reserving the right to harm our local communities, our statewide and regional economy, and our air, water, land, climate, quality of life and health.

RESOLUTION OF [GOVERNING BODY OF MUNICIPALITY]

IN SUPPORT OF ACT 13 CHALLENGE

Whereas, on February 14, 2012, the Pennsylvania General Assembly enacted Act 13, legislation that is to the detriment of local governments and to those who reside in Pennsylvania’s 2,563 municipalities; and,

Whereas, Act 13 requires municipalities to allow oil and gas operations except for processing plants in all zoning districts, and consequently infringes upon the rights of local governments throughout the Commonwealth to protect the health, safety, and welfare of its citizens; and,

Whereas, any local ordinance that regulates oil and gas operations is subject to Act 13’s sweeping restrictions, as well as its serious threat of litigation and attorneys’ fees; and

Whereas, Act 13 removes all meaningful zoning and planning authority from local governments as to the oil & gas industry, while all other entities, be they individual, corporate, or institutional, still must abide by local ordinances; and,

Whereas, Act 13 does not account for the profound differences in the character, landscape, resources, economy, and government of Pennsylvania’s municipalities;

NOW, THEREFORE BE IT RESOLVED

That the [Governing Body of Municipality] stands in opposition to Act 13. The Act removes from local governments the ability to meaningfully legislate in a manner that protects the health, safety, and welfare of its citizens by addressing localized concerns raised by to oil and gas development. The [Governing Body of Municipality] opposes the conveyance of special rights and privileges to the oil and gas industry, to the detriment of the rights and privileges of all others. Act 13 violates both the Pennsylvania and U.S. Constitutions, creating a zoning scheme that supersedes the protections local officials are sworn to uphold; as well as the health, safety and welfare of its residents that local officials must protect.

That the [Governing Body of Municipality] joins with other municipalities and local elected officials in their opposition to Act 13. Act 13 removes from [Municipality] the meaningful ability to protect its citizens and address local concerns about oil and gas development. We therefore endorse the efforts of the Delaware Riverkeeper Network and the municipalities challenging the validity of Act 13: Cecil Township, Mount Pleasant Township, Nockamixon Township, Peters Township, Robinson Township, South Fayette Township and Yardley Borough.

3 Comments
  1. Ann Dixon permalink
    July 17, 2012 12:39 pm

    Thanks for making it easier for people to take action, Iris!

  2. Dan Allard permalink
    July 17, 2012 10:22 pm

    Is there a list of the towns that have already passed the resolution available?

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  1. Breaking News: Reading City Council Passes Resolution Opposing Act 13 « Protecting Our Waters

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