On October 14, 2015, the United States District Court for the Western District of Pennsylvania invalidated several provisions of a Grant Township, Indiana County, Pennsylvania local ordinance that was intended to prevent an oil and gas operator from operating an injection well that had been permitted by the U.S. Environmental Protection Agency. In Pennsylvania General Energy Company, L.L.C. v. Grant Township, C.A. No. 14-209, 2015 U.S. Dist. LEXIS 139921 (W.D. Pa. Oct. 14, 2015), Pennsylvania General Energy Company, L.L.C. challenged the constitutionality, validity and enforceability of the Grant Township ordinance that sought to establish a self-described Community Bill of Rights Ordinance. For additional information, read our recent Administrative Watch.
Pittsburgh Tribune-Review reports that the Kiskiminetas Township supervisors unanimously enacted an ordinance that will allow for oil and natural gas exploration. The ordinance allows for “reasonable development of land for oil and gas drilling while providing adequate health, safety and general welfare protections of the township’s residents.” It includes restrictions for noise, traffic and setbacks, among other things.
The Jefferson Hills (PA) Borough Council recently voted to adopt an ordinance which establishes zoning districts for oil and gas drilling. The Pittsburgh Tribune-Review reported that the Council wants to have more control over the location of drilling activities. Seismic testing is already being conducted in the area and Council members stated that they wanted to be prepared for upcoming oil and gas activities.
In what appears to be a first in Pennsylvania, on March 11, 2013, Forward Township in Allegheny County enacted an ordinance specifically targeting and extensively regulating both transmission and gathering pipelines. While the ordinance is technically not a zoning ordinance, it imposes an approval process similar to a conditional use whereby an application is reviewed by the Township Planning Commission and approved by the Board of Supervisors, which may place any conditions or restrictions on the permit that the Board determines is necessary for the public health and safety. In addition to a detailed application, the ordinance requires an application fee of $3,000 per mile of pipeline proposed (up to $15,000) and, upon approval by the Board, a performance bond of $25,000 per mile of pipeline. The operator must also provide the Township with an escrow or letter of credit in the amount of $50,000 for the closure and abandonment of the pipeline for any restoration of the property, air or environment where the pipeline is located. The ordinance probably is preempted by a number of state and Federal statutes.