PA Commonwealth Court Upholds Authority of Municipal Zoning Boards to Hear Challenges to Municipal Ordinances by Gas Drillers

The Explosive Fracking Can Break Through to Water Table or to Reservoirs Such as the Ambridge Reservoir

by Randy Shannon

The Pennyslvania Commonwealth Court has ruled that gas drillers must present their appeals of Municipal regulations to the local zoning board first and not to the Court of Common Pleas.

The Commonwealth Court also specifically upheld six regulations affecting the use of land by shale gas drillers. These six regulations are:

1. identifying a zoning district in which gas production activities can be conducted;

2. establishing setback requirements in relation to public buildings, public or private streets, property lines, and properties designated as landfills or properties that contain hazardous substances;

Continue reading PA Commonwealth Court Upholds Authority of Municipal Zoning Boards to Hear Challenges to Municipal Ordinances by Gas Drillers

PA Supreme Court Affirms Authority of Municipal Zoning Boards to Regulate Gas Drilling

A ruling by the Pennsylvania Supreme Court has established that local municipal zoning boards have the power to regulate and permit shale gas drilling in areas under their authority. The municipal zoning regulation of gas drilling supersedes and is superior to permits issued by the Pennsylvania Department of Environmental Protection. Also the preemptions of the Pennsylvania Oil and Gas Act do not apply to local zoning control of land use.

The following article by a partner in a Delaware Legal partenership discusses the details of this decision. The article was published at http://marcellusshale.saulnews.com/archives/category/municipalandzoning 

  Continue reading PA Supreme Court Affirms Authority of Municipal Zoning Boards to Regulate Gas Drilling