Citizen group appeals to Commonwealth Court to overturn Murrysville fracking ordinance

The Murrysville Watch Committee, a citizen group seeking to overturn the municipality’s unconventional gas drilling ordinance, had its appeal heard this week by the state’s Commonwealth Court.

The hearing began with attorney John Smith, representing the Watch Committee, requesting that Commonwealth Court Judge Drew Crompton recuse himself from the proceeding.

During his time as chief of staff for state Sen. Joe Scarnati, Crompton helped craft the 2012 legislation known as Act 13, which addressed oil and gas operations statewide. In 2016, the state’s Supreme Court struck down a number of provisions in Act 13 as unconstitutional. Crompton was also involved in the Act 13 appeals process.

A YouTube livestream of Monday’s proceeding did not show most of the discussion related to Smith’s request, cutting to a hold screen, but when it resumed, Crompton remained.

The Watch Committee’s appeal is primarily centered around whether or not hydraulic fracturing is a use compatible with the municipality’s rural-residential (RR) overlay districts. Murrysville council created those areas, which allow drilling.

The Watch Committee’s challenge of the ordinance was denied by both the Murrysville Zoning and Hearing Board and the Westmoreland County Court of Common Pleas.

Smith argued that the creation of the overlay district was, in and of itself, an admission that drilling is not compatible with the surrounding uses.

“We’re not deciding whether there’s credibility issues with experts,” Smith said. “We’re looking at the record of what Murrysville did — did they act arbitrarily and capriciously in creating this law?”

Smith said the purpose of the RR district “was overlooked by Murrysville in order to create more drilling.”

“The purpose of the zoning district shows the lack of compatibility,” Smith said. “The (municipality’s fracking) task force recognized that it was a problem, but the municipality moved ahead anyway.”

Bill Sittig, attorney for Murrysville in the case, said Smith’s assertion that drilling is incompatible with RR zoning is “entirely incorrect.”

“The RR district allows major forestry. It allows mineral removal,” Sittig said. “But the municipality very thoughtfully said, ‘Look, there are portions of the RR district that are more heavily populated. So we limited it there by saying it’s compatible, but we’re going to be cautious and limit where we allow it.’ ”

Blaine Lucas, attorney for Olympus Energy, the company with the first approved unconventional drilling operation in Murrysville, said the overlay district was developed in concert with the municipality’s comprehensive plan, which lays out goals for the future, including where infrastructure such as public sewage and water are planned.

“There was a finding in the comprehensive plan, and in the due diligence for this ordinance, that the areas where oil and gas drilling is allowed are areas where it’s unlikely that infrastructure will be built for future residential development,” Lucas said. “So there’s a reason for where the (overlay) lines were drawn.”

Smith also took issue with the setback of 750 feet created by the municipality for the minimum distance between well operations and nearby homes. He cited the municipality’s task force recommendation of 1,000 feet.

Conversely, Sittig pointed to the state’s minimum setback of 500 feet.

“The municipality far exceeds that,” Sittig said. “So what they’re charged with is balancing rights. (Drilling) is a legitimate land use. It needs to be provided for somewhere. And you need to balance that with the impacts on the municipality.”

The court has not rendered a decision.