American Oil and Gas Reporter - June 2014 - 159

ConventionSection: Pennsylvania Independent Oil & Gas Association
state and industry back to the law prior
to passage of Act 13, Nestor says. "Robinson Township does not displace a very
fundamental concept of Pennsylvania
law: that municipalities are creatures of
the state," he remarks. "They do not have
any inherent authority unless the legislature
gives it to them. The Robinson Township
case does not affect that."
While ordinances adopted pursuant to
Pennsylvania's Municipalities Planning
Code can affect the industry, such ordinances have limitations, Nestor explains.
"When municipalities step over the line
and get into the how and not the where,
they are going to run into problems," he
predicts.
Operators facing issues with municipalities should ask whether zoning ordinances are exclusionary or unduly restrictive, whether they amount to disparate
treatment among industries, and whether
the zoning ordinances are a de facto
taking of property, Nestor advises.
In his remarks at EOGCTS, Pennsylvania Lieutenant Governor Jim Cawley
told attendees that the administration was

Pennsylvania oil and gas companies shoulder a sizable tax burden, observes PIOGA
President and Executive Director Louis D'Amico (center) during a state issues update at
the EOGCTS, held May 12-14 in Pittsburgh. Other participants in the panel were Gmerek
Government Relations President and PIOGA lobbyist Richard Gmerek (left), who warned
that Pennsylvania's fiscal struggles made the industry an inviting tax target, and PIOGA
Vice President and General Counsel Kevin Moody, who mentioned a bill in the Pennsylvania
Legislature that would link state permits to federal and state threatened or endangered
species listings instead of the vague provisions contained in the Pennsylvania Department
of Environmental Protection's proposed Chapter 78 regulations and Pennsylvania Natural
Diversity Inventory policy.

studying the Supreme Court ruling. Legislative fixes to the high court ruling are

likely in the future, he maintains, and
Act 13 never was supposed to apply to

JUNE 2014 159



American Oil and Gas Reporter - June 2014

Table of Contents for the Digital Edition of American Oil and Gas Reporter - June 2014

Contents
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