Pennsylvania

As MDN recently pointed out, in Pennsylvania there is an ongoing tug-of-war between the state and local municipalities over how much local governments can regulate activities like zoning that impact shale gas drilling (see this MDN story). Local governments want the ability to allow or disallow drilling in certain areas. The state says that statewide laws should totally “preempt” local laws to ensure fairness and consistency and to avoid litigation by drilling companies which will cause millions in taxpayer money to defend.

There is a compromise coming in new legislation that will continue to allow local municipalities some control over drilling in their locales, while preserving most of the oversight for the state. It’s not a perfect solution, but both sides of the debate are signaling it may be the best solution they can jointly agree on.

Read More “Compromise Allows PA Municipalities Some Drilling Oversight”

There is a “tug of war” going on in Pennsylvania for who will ultimately control where, and under what conditions, Marcellus Shale gas wells can be drilled. The struggle pits the state against local municipalities. As with many issues surrounding shale gas drilling, this one is complicated.

Pennsylvania has more than 2,500 township and municipal governments across the state—more than any other state—even though there are four other states with larger populations (CA, TX, NY, and FL). Local governments are responsive to the people in their communities.

But when it comes to the issue of drilling, local governments, in being “responsive” are often trampling the rights of local property owners to use their land as they see fit. Local municipalities will say they regulate where malls and shopping centers can be built, where factories can be built, and whether or not land in residential areas can be re-zoned for other purposes, on a case by case basis. Why not the industrial process of constructing a gas well? And they ask the state, “Would you like it if the federal government stripped away your rights to self government? Why do you want to take away ours?”

Read More “Regulating Drilling in PA Pits State Against Municipalities”