drilling

A case taken up by the Pennsylvania Supreme Court could shed some light on what kind of evidence municipalities can use in efforts to block an oil and gas drilling project.

The state Supreme Court on Jan. 22 agreed to hear the appeal in EQT Production v. Borough of Jefferson Hills. In the one-page per curiam order, the justices agreed to consider what standards should be applied to objections to land use applications that are based on “firsthand experience with a similar use when the proposed use does not already appear within the municipal borders.”

The question said that the Commonwealth Court's prior ruling in the case had “effectively eliminat[ed]” the ability to use that evidence.

In May, a three-judge Commonwealth Court panel 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 a proposed unconventional gas well would be detrimental to public health, safety and welfare.

The Borough of Jefferson Hills Council, therefore, was wrong to rely on the objectors' testimony to deny a conditional use permit to applicants EQT Production Co. and ET Blue Grass Clearing, both the trial and appellate courts said.

“Without a doubt, they testified about serious problems at other well sites or the harms posed by drilling and operation of unconventional wells generally,” Senior Judge Bonnie Brigance Leadbetter wrote for the majority. “While such testimony might persuade legislators to prohibit such drilling, it does not satisfy their burden to show that the development of the Bickerton Well Site would have an impact on public health, safety, and welfare beyond that normally associated with any other unconventional well site.”

John Smith of Smith Butz represented Jefferson Hills. He said the case has statewide implications for conditional and exceptional use hearings before local municipalities.

“It really speaks to any objector's right to introduce evidence and a municipality's ability to evaluate that evidence,” he said. “Firsthand experience is used every day when a new use comes to town.”

Krista-Ann Staley of Babst, Calland, Clements and Zomnir represented EQT. She didn't return a call seeking comment.

In the Commonwealth Court ruling, Leadbetter was joined by Judge Michael H. Wojcik.