Commonwealth Court upholds Penn Township fracking rules

Pennsylvania’s Commonwealth Court upheld a ruling that will allow gas well fracking to continue in Penn Township.

Environmental Group Protect PT challenged the township’s zoning ordinance in court. Westmoreland County Judge Harry Smail Jr. last year ruled the ordinance complied with state law. Protect PT appealed that ruling to Commonwealth Court, which Thursday upheld Smail’s decision.

There are two operating fracking gas wells in the township, with nine more in various stages of planning and development.

Protect PT Executive Director Gillian Graver called the ruling “disappointing.”

“As this type of industrial development gets closer and closer to densely populated areas, more people will be impacted,” she said in a statement. “The Commonwealth Court deferred to the trial court’s decision, rather than reevaluating the findings, which ignores the most impactful phases of development.”

Much of the court debate centered on whether fracking for gas qualifies as a heavy industrial activity.

Protect PT argued that it does because it is a loud process which involves heavy machinery and truck traffic.

The township and oil companies disagreed because, after the initial construction, the day-to-day well operation well is a relatively quiet.

Protect PT argued the township zoning ordinance is at odds with its comprehensive plan, which promotes the development of a suburban, residential community. Allowing fracking in much of the township puts residential development at risk, the group said.

The township and oil companies countered that traditional gas drilling has long been allowed in the township, with much fewer restrictions than fracking, and that fracking is allowed in less than 10 percent of the township.

Finally, Protect PT argued the ordinance violated Pennsylvanian’s right to clean air and pure water under the Environmental Rights Amendment of the state constitution.

Smail and the Commonwealth Court rejected all Protect PT’s arguments, saying Penn Township’s fracking rules were in line with the state law and previous court decisions. The decision made frequent reference to a 2018 Commonwealth Court case that upheld Allegheny Township fracking regulations.

This is Protect PT’s second loss in Commonwealth Court, which last year rejected the organization’s legal challenge of four specific well sites.

Penn Township solicitor Michael Korns said he hopes this is the end of the township’s protracted legal battles over fracking.

“It should be a conclusion, at this point,” he said. “I think the judge’s ruling is, first of all, correct, and in line with every other decision that has come down along these lines.”