DEP: Municipalities have limited right to regulate drilling
Pa. agency weighs in on two towns’ high court appeals.
By Scott Kraus | Of The Morning Call
August 6, 2008
The state agency charged with regulating oil and gas exploration in Pennsylvania says local elected officials should have some limited say in where drilling takes place.
That’s at the heart of two state Supreme Court appeals filed by municipalities in western Pennsylvania that sought to restrict drilling using local zoning laws. Both local rules were tossed last year by Commonwealth Court.
The cases have special relevance in upper Bucks County, where a Michigan company has secured state permits to drill for natural gas at two locations in Nockamixon Township.
The company, Arbor Resources, has sued Nockamixon, saying its local restrictions violate state law.
In its friend-of-the-court briefs, filed in both western Pennsylvania cases, the state Department of Environmental Protection says communities should be able to use zoning to limit gas drilling to areas they deem appropriate, ‘’a core municipal function.’’
Stephen Rhoads, a spokesman for the Pennsylvania Oil and Gas Association, said DEP has ‘’misinterpreted’’ state law, which gives the agency the exclusive right to regulate exploration.
‘’I disagree with the way the department is interpreting it. Â The General Assembly meant to severely restrict local regulation of oil and gas activities,’’ Rhoads said. Uniform statewide rules are necessary to facilitate exploration, he said.
Jordan Yeager, solicitor for Nockamixon, which has sought to limit drilling in the face of renewed interest in potential natural gas reserves there, said he was pleased that DEP recognized local rights.
‘’To me, it is a basic vindication that there is a role for the municipalities to play in regulating how oil and gas regulation gets done in their municipalities,’’ Yeager said.
The issue has divided the township, with some residents hoping Arbor Resources will strike gas, providing a financial windfall to landowners, and others concerned that drilling could hurt water quality and the environment.
In its brief, the DEP said municipalities can’t regulate any operational aspect of drilling or exploration that is directly governed by state law, such as safety or water supply protection.
Both sides had been waiting eagerly for the DEP to weigh in, because it is the agency tasked with enforcing state law.
In the end, though, it’s not up to the DEP.
The state Supreme Court will decide whether the state’s Oil and Gas Act supersedes all local zoning laws, or whether municipal officials can place some restrictions on drilling.
The court has scheduled oral arguments on the appeals, filed by Oakmont in Allegheny County and Salem Township in Westmoreland County, for September.
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