In a ruling that could prove instructive to parties seeking to block construction of natural gas wells in their communities, the Commonwealth Court overruled an Allegheny County borough’s denial of a driller’s conditional use application, finding that the borough council relied on inadequate testimony by objectors.
A three-judge panel in EQT Production v. Borough of Jefferson Hills ruled 2-1 to uphold an Allegheny County trial court’s finding that the objectors had the burden of showing—and failed to establish—that the proposed unconventional gas well would be detrimental to public health, safety and welfare.
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