Defendant wishes it were not so, wrote Baxter, development of oil and gas (which necessarily includes themanagement of waste materials generated at a well site) is a legitimate business activity and land use within Pennsylvania. Also argued that Act 13 prohibited all local zoning that conflicted with state oil and gas laws. But Judge Baxtor rejected that argument, pointing to the Commonwealth Court determination in the Robinson Township case that the local zoning preemption in Act 13 for oil and gas activity is unconstitutional..
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