HARRISBURG —
A constitutional challenge by seven municipalities to Pennsylvania’s new law regulating the growth of natural gas exploration is in the hands of seven Commonwealth Court judges after a hearing Wednesday in which they repeatedly challenged lawyers from both sides in the closely watched case.
The municipalities want the law overturned; the state wants the case thrown out. The judges could ask for more evidence before making a final ruling or could strike down only parts of the law. Lawyers said they expect a ruling within several months.
The heart of the argument is the extent of the state’s power to tell municipalities where they must allow drilling-related activity, including rigs, waste pits, pipelines and the compressor and processing stations that help move gas from the underground Marcellus Shale formation in Pennsylvania to consumers across the northeastern United States.
Among the objectionable provisions cited by the towns’ March 29 lawsuit are requirements that drilling, waste pits and pipelines be allowed in every zoning district, including residential districts, as long as operators observe certain buffers.
At one point, President Judge Dan Pellegrini asked a lawyer representing the Department of Environmental Protection and the Public Utility Commission what would happen if the state passes similar laws for every industry it considers an economic engine.
“If you make that argument, pretty soon zoning becomes irrational,” Pellegrini said.
The 174-page law established the first major levies on the Marcellus Shale industry in Pennsylvania — allowing counties to set an impact fee on the booming industry — and toughened some environmental and safety laws.
Republican Gov. Tom Corbett signed the law Feb. 14 after his staff negotiated the final version behind closed doors with leaders of the Republican-controlled Legislature. The panel of seven judges includes five Republicans and two Democrats.
Judge Anne E. Covey asked a lawyer for the municipalities how he can argue that the state is infringing on the municipalities’ constitutional responsibility to protect its residents when the Legislature has the power to dictate the extent of those powers.
At another point, Judge Kevin Brobson asked a lawyer for two industry groups and three private companies whether any of the state’s municipalities — there are 2,563 total — that have zoning districts also comply with the three-month-old law.
In April, another Commonwealth Court judge ordered a temporary halt to a section of the law that deals with local zoning limitations. Instead of mid-April, municipalities now have until mid-August to develop new zoning rules and have them in place to regulate oil and gas drilling in accordance with the new law.
Marcellus Shale
Suit over Marcellus Shale law goes to judges
- Marcellus Shale
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Meeting set on Marcellus drilling
The League of Women Voters of Lawrence County will sponsor a panel discussion on Marcellus drilling on Tuesday. The discussion on drilling and property values will begin at 6:30 p.m. at New Wilmington Methodist Church, 125 S. Mercer St.
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SRU to host shale summit
Slippery Rock University will host a summit Tuesday to educate local businesses about the Marcellus and Utica shale industry. The session, called Shale Summit II, will be a joint venture of the university, the Grove City Area and Butler County chambers of commerce and WISR/WBUT radio.
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Education Options, Part 2: Current shale boom casts new light on county’s economic future
Second of two parts: Welcome to the Industrial Revolution of 2013. The Marcellus Shale phenomenon has arrived with the promise of jobs and prosperity for an area in dire need of just such a miracle.
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Seismic testing to be discussed
Seismic testing for Marcellus Shale will be discussed Tuesday in New Wilmington. The meeting will begin at 6 p.m. at United Methodist Church, located at the corner of South Mercer Street and Neshannock Avenue.
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Shale Update: Gas from 2012 wells entering pipeline
Wells drilled a year ago in Lawrence County are producing natural gas that is entering a pipeline for consumers. Natural gas from the Marcellus Shale formation under Lawrence County is now being pumped from two wells on the Harry Patterson property in the New Beaver Borough area into a major pipeline and is being sold, said Joe Minnitte, case manager for Shell Exploration and Production Co.
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Township requests shale money for bridges
North Beaver Township could be the first municipality to spend county Marcellus shale funds earmarked for bridge repairs. The supervisors have requested $63,000 from Lawrence County’s Act 13 transportation funds, which — by law — are to be used for rehabilitation or replacement of county and municipal bridges.
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Commission approves shale pact for Pulaski game lands
The Pennsylvania Game Commission will allow Hilcorp Energy Co. to extract oil and gas from Pulaski Township state game lands. The eight-member board today unanimously approved a restricted surface use oil and gas cooperative agreement for two separate tracts, including 586 acres of state game land 150.
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Estate planning workshop to address shale issues
A free workshop on estate planning for shale gas leases is planned this month in Lawrence County. Estate Planning for Marcellus Shale Lease Holders, will run from 6:30 to 8 p.m. Jan. 22 at the Shenango Township Volunteer Fire Hall, 2424 E. Washington St. It is being hosted by state Rep. Jaret Gibbons.
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Extension to review seismic tests, pipelines
A program on seismic testing, pipeline agreements and leasing will be offered three times next week. Penn State Extension and the Beaver-Lawrence Farm Bureau will present the program Tuesday in New Castle. It will be presented two more times on Thursday in Beaver County.
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Shell donation boosts Jameson project
Shell Appalachia’s search for natural gas will help fuel completion of Jameson Heath System’s emergency/surgical wing. Jameson is scheduled to take possession of its $20.3 million expansion Feb. 14.
- More Marcellus Shale Headlines
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Meeting set on Marcellus drilling
