Politics & Government

South Fayette Challenging Drilling Law

But Collier and Scott townships said they won't join in the expected legal battle against the state's Marcellus Shale law.

South Fayette commissioners voted unanimously Wednesday night to work closely with nearby communities by going through the courts to overturn.

However, and townships won’t be joining them.

Bob Schuler, president of the Collier Township Board of Commissioners, said their lawyer is re-writing in order to comply with the new state law. Unlike South Fayette, he said they “don’t see any reason or benefit to do battle with the state” over the law.

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“I think if there is something that comes up that we have a problem with, I think we would approach some of the legislators,” Schuler said. “It’d probably be best to work through them if there needs to be changes rather than getting in a court battle. A lot of money goes out the door through that.”

Scott Township officials, , said earlier this month that they would support South Fayette’s efforts, but would not join in any potential lawsuits.

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But South Fayette and other neighboring townships in Washington County appear to be .

Cecil Township on Monday voted 3-1 to join in the challenge with Peters, Mt. Pleasant and Robinson townships. Cecil’s Solicitor John Smith has said he believes that parts of the legislation are constitutionally challengeable.

Deron Gabriel, who is South Fayette Township’s board president, said he expects more clarity on the issue next week. Still, he was disappointed that Collier won't be joining them in legal action against the state.

“Collier residents demanded protection of their residential areas, hence that was why the commissioners originally passed their zoning ordinance,” Gabriel said. “I am not sure Collier residents will be pleased if their commissioners now elect to cave on protecting their health, safety and welfare.”

The Marcellus Shale legislation, which was signed into law last month, severely limits a municipality’s ability to regulate zoning laws and setback standards against drilling.

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