Here is the latest iteration of the zoning ordinance proposed by Solicitor Clemens as what he views as the best the Jointure can do to exercise control over future attempts to site fracking drill pads in the three municipalities. The legal strategy is to avoid including provisions that the State of Pennsylvania will not allow the municipality to enforce, but to include provisions that a municipality has the right to enforce.
I am not a lawyer, but my early training as a contract administrator made me aware of the kinds of language that leaves wiggle room and sets the stage for litigation. This proposed ordinance has a lot of subjective criteria that would be difficult to enforce and is silent on most of the risks to health and the environment that fracking creates. See for yourself …
September 29th the PA Supreme Court declared parts of the infamous Act 13 unconstitutional because they deemed it a special law benefiting the energy industry. Here’s a couple of links to articles on the decision.
ecowatch
Marcellus Drilling News (note the spin!)
State Impact PA