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The Damascus Citizens for Sustainability has filed a motion to intervene in a federal lawsuit between Damascus Township., and Newfield Appalachia LLC.
The motion to intervene comes after Newfield Appalachia filed a lawsuit on July 6 to block Damascus Twp. from applying its zoning ordinance to Marcellus Shale drilling projects.
“The only issue that we believe is on the table and for discussion is going to be whether or not our zoning ordinance...allows us to regulate change of use,” township solicitor Jeff Treat said.
Newfield is asking the federal court to rule that the Pennsylvania Oil & Gas Act preempts local zoning controls, according to a Damascus Citizens for Sustainability (DCS) spokesman.
Newfield Appalachia LLC., spokesman Keith Schmidt said he had no comment due to the ongoing legal action.
In Huntley & Huntley v. the Borough of Oakmont, the state Supreme Court ruled that certain provisions of the state Oil & Gas Act do not prevent municipalities from performing core municipal functions, such as land use zoning.
According to that ruling, gas wells would only be able to be established in locations determined by a municipality’s adopted zoning ordinance.
Gas well drilling is not a permitted use in the Damascus Twp., zoning ordinance.
The DCS said that the two motions to intervene would allow the organization to defend the township zoning ordinance against gas well drilling projects that are “an illegal land use under the current township ordinance.”
The DCS filed the motion on behalf of five members who live near the Woodland Management Partners well site.
“These actions are necessary because it is unclear whether the township will mount a vigorous defense,” DCS spokesman Pat Carullo stated in an e-mail.
The Damascus Citizens for Sustainability has filed a motion to intervene in a federal lawsuit between Damascus Township., and Newfield Appalachia LLC.
The motion to intervene comes after Newfield Appalachia filed a lawsuit on July 6 to block Damascus Twp. from applying its zoning ordinance to Marcellus Shale drilling projects.
“The only issue that we believe is on the table and for discussion is going to be whether or not our zoning ordinance...allows us to regulate change of use,” township solicitor Jeff Treat said.
Newfield is asking the federal court to rule that the Pennsylvania Oil & Gas Act preempts local zoning controls, according to a Damascus Citizens for Sustainability (DCS) spokesman.
Newfield Appalachia LLC., spokesman Keith Schmidt said he had no comment due to the ongoing legal action.
In Huntley & Huntley v. the Borough of Oakmont, the state Supreme Court ruled that certain provisions of the state Oil & Gas Act do not prevent municipalities from performing core municipal functions, such as land use zoning.
According to that ruling, gas wells would only be able to be established in locations determined by a municipality’s adopted zoning ordinance.
Gas well drilling is not a permitted use in the Damascus Twp., zoning ordinance.
The DCS said that the two motions to intervene would allow the organization to defend the township zoning ordinance against gas well drilling projects that are “an illegal land use under the current township ordinance.”
The DCS filed the motion on behalf of five members who live near the Woodland Management Partners well site.
“These actions are necessary because it is unclear whether the township will mount a vigorous defense,” DCS spokesman Pat Carullo stated in an e-mail.
