PA Town First to Try Regulating Pipelines – Will Ordinance Stand?
On Monday, supervisors for Forward Township (Allegheny County), PA unanimously approved what is believed to be the first (and perhaps an illegal) zoning ordinance targeting and extensively regulating both gathering and transmission pipelines in the township. Sunoco is building a low-pressure liquid-gas transmission pipeline from a processing plant in Houston, Washington County that passes through about 275 properties in Forward to a distribution point in Delmont, Westmoreland County.
The town solicitor has said existing pipelines are not affected by the new ordinance. Problem is, interstate transmission lines are regulated by the federal government, and smaller gathering pipelines are regulated by the state. Pipelines are not regulated by municipalities. A lawyer at Babst Calland makes this observation on the ShaleEnergyLawBlog.com:
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An interesting development in the “As Cuomo Dithers” fracking soap opera. Freshly back from a road trip to confer with researchers studying the health effects of fracking, New York State Commissioner of Health Nirav Shah appeared at a press conference yesterday with Gov. Cuomo. In a surprise announcement, Shah said he will render his judgment on the question of frack/no frack “in weeks.” Cuomo himself made some encouraging remarks at the presser too, including his belief that the two-year moratorium bill passed by the NY Assembly last Wednesday is going nowhere fast.
Yesterday, as expected, the heavily Democrat New York State Assembly passed a bill (103 to 40) that would ban fracking in the state for yet another two years—even though fracking has already been banned for nearly five years (a copy of the bill as passed is embedded below). We’re not quite sure what another two years will tell us we don’t already know after five—but that’s Democrat jihadists for you. Harsh word there—jihad—but it was aptly used on the floor of the Assembly by a Republican assemblyman to describe what’s really going on in New York—and we concur.