PA court gas ruling

May set a precedent

By TOM KANE

HARRISBURG, PA — The Pennsylvania Supreme Court ruled in favor of a municipality’s right to use zoning to control where gas drilling can take place. The case was heard June of 2008 with a ruling issued on February 25.

In written testimony, the court justices sided with the state’s authority to control gas drilling, deeming that local laws cannot be in conflict with state regulations already in place.

But the court also confirmed that local officials do have the right to zone where in the municipality drilling can occur but could not control such things as registration, bonding and well-site restoration.

The two cases appeared before the state’s highest court from the Borough of Oakmont in Allegheny County and Salem Township in Westmoreland County, who aimed to regulate gas drilling operations conducted by Range Resources in Salem and Huntley & Huntley Company in Oakmont.

Nockamixon Township filed an amicus curiae [friend of the court] brief in support of the two municipalities’ cases. Nockamixon supervisor Nancy Janyszeski was pleased with the decisions, saying the zoning rights mentioned were an important distinction.

“It’s good. It allows the township to use zoning to determine where they can control drilling,” Janyszeski said. “Our ordinance allows drilling only in industrial and quarry zones. The court ruling supports this ordinance decision.”

The Damascus Citizens for Sustainability also filed an amicus brief in the case.

“We are glad that we participated in the amicus brief,” said Barbara Arrindell, a spokesperson for the Damascus group. “The arguments put forth in the brief were decisive in the court’s decision, giving municipalities the right to make zoning decisions that determine where gas and oil mining is done. Towns can now say where gas drilling can take place or not take place.”

Officials from Oakmont and Salem could not be reached on time for their comments.