Towns Might Challenge New Drilling Law

Many local communities that instituted Marcellus Shale ordinances are now considering joining forces to challenge the state’s new natural gas drilling law.

A few days after Gov. Tom Corbett signed the controversial legislation into law, local municipal leaders are complaining that it usurps their authority to oversee zoning rules and gives them little power to regulate the industry in their own towns.

It’s unknown which municipal dancing partners they will chose and how they will challenge the law, but it’s clear that many local leaders will be doing everything in their power to fight the legislation. South Fayette in Allegheny County and Cecil, Peters, South Strabane and Robinson townships in Washington County all have indicated a challenge could be imminent.

“It seems like a lot of municipalities are realizing (the state is) trying to abdicate local control and years of zoning rules,” South Fayette Commissioner Deron Gabriel said. “It doesn’t make sense for everyone to start their own legal challenges when everyone is facing the same problems.”

His board voted Wednesday night to direct their township lawyer to work with neighboring communities and review what type of legal challenge would be most effective. South Fayette passed one of the strictest zoning ordinances in the area that greatly limited drilling in the township.

“I think there are definite problems with the legislation, speaking as an attorney,” Gabriel said of the 174-page law that lawyers are still combing through. “Parts of the legislation are very vague and other parts are in conflict with each other.”

He’s not sure what route they will take, but he’s confident many parts of the law will not stand up to judicial scrutiny.

“We all have a mandate to protect the health, welfare and safety of our residents and this legislation restricts that,” he said.

Officials from Collier and Scott townships could not be reached for comment on their opinions of potential challenges.

Cecil Township Manager Don Gennuso said he believed the board of supervisors would likely consider banding with other local communities to challenge the legislation, but added that before it did, it needs more information. That’s why the board has scheduled a special meeting at 6 p.m. March 5 to discuss H.B. 1950.

“The law is very confusing,” Gennuso said, adding that solicitor John Smith would present the board with information on the law and how it affects ordinances the township recently adopted regarding Marcellus Shale drilling.

Further action, he said, would be considered after that information was presented.

Reached Thursday, state Rep. Jesse White, D-Cecil, said that he’s heard from numerous local elected officials in his district—and that they “weren’t very happy with many of the provisions in H.B. 1950.”

And he noted that several of those municipalities have said they are considering challenging the newly approved legislation.

“That’s a decision that each individual municipality has to make,” he said.

But a workshop planned for March by the Marcellus Municipal Co-op might help officials determine what course of action they’d like to take.

White said that the group of 18 municipalities will hold a meeting next month for local officials to better understand the new Marcellus Shale regulations.

“That way, they know what the law means to them and what they can and cannot do under the law,” he added.

The session is designed for public officials, but will be open to the public.

While the guest list is still being developed by members of the co-op, White said those who have said municipalities “have flexibility under the law” would be invited. While the lawmaker declined to comment further on who those people might be, he did indicate that industry representatives would likely be invited to the workshop.

Peters Township Manager Michael Silvestri said they’re unsure what options they have, but is adamant that the law needs to be changed.

"We were opposed to the amendment to the Oil and Gas Act because it allows the oil and gas companies to do whatever they want, whenever they want,” Silvestri said. “We know that when that starts to happen, we're going to have a public outcry.”

He chastised the legislation and disagreed with the legislators and drilling industry insiders who called it a compromise.

“I'm amazed that the legislature supported the legislation,” he said. “The gas companies are saying it's a compromise—I don't see a compromise. From (the state legislature’s) standpoint, they're looking at it as a way to get fees."