In striking down an oil company’s challenge to a Fayette County zoning ordinance, a Commonwealth Court panel wrote that granting a hearing board the right to protect the public’s “health, safety and welfare” through additional conditions is not enough to bring a local zoning ordinance into conflict with the state’s Oil and Gas Act.
Instead, the unanimous three-judge panel ruled such authority is permitted by case law so long as the board lacks “virtually unbridled discretion” to deny oil and gas well drilling applications after companies comply with the necessary regulations.
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