Posts Tagged ‘borough attorney’

DAN NEPHIN Associated Press Writer

PITTSBURGH — A lawyer for a suburban Pittsburgh municipality trying to keep gas wells out of a residential neighborhood told the Pennsylvania Supreme Court on Tuesday that towns must be allowed to regulate the location of drills.

The high court’s ruling on whether Oakmont, home to the famous golf course of the same name, can restrict the location of wells will have big implications across Pennsylvania, a state where landowners big and small are trying to cash in on the vast stores of valuable natural gas below.

“This is way beyond Oakmont. This applies to every municipality in the state,” said borough attorney Clifford Levine. If a lower court ruling is allowed to stand, municipalities could become virtually powerless to control the growing number of gas and oil wells that are being drilled throughout the state.

Propelled by high natural gas prices, companies are scouring for drilling opportunities throughout the region.

Geologists and exploration companies, for example, recently developed a way to extract gas from one large reservoir located some 6,000 to 8,000 feet underground. Though drilling into that large pool has only just begun, prospectors are buying up drilling rights, leading to tensions among neighbors and questions about who can drill where.

In Oakmont, Huntley & Huntley Inc. wants to drill a gas well in a residential subdivision on two adjoining lots that total 10 acres. The families that own the lots would be allotted one-quarter of the gas at no charge and the rest would be sold. The families would share in the profit.

Opponents, mostly neighbors, objected on grounds that the well violated local zoning laws and that the drilling would create noise and jeopardize public safety. The borough council agreed and rejected the company’s proposal.

In July 2007, a state appeals court overturned the decision, saying state law pre-empted municipalities from regulating well locations.

The court relied on its interpretation of a 1992 amendment to the Pennsylvania Oil and Gas Act, but that amendment was intended to address only operational issues, Levine argued.

Copyright: Times Leader