In Frederick v. Allegheny Township Zoning Hearing Board, et al, the Pennsylvania Commonwealth Court affirmed a local zoning ordinance allowing oil and gas operations in all zoning districts in the Township as long as they satisfied enumerated standards that were designed to protect the public health, safety and welfare of the citizenry.

Facts and Findings

CNX received a permit to drill a well. The ordinance imposes a 1,000 foot setback and prescribes notice requirements and operational limitations. Citizens owning neighboring tracts complained that the well was not compatible with agricultural and residential use, complaining about noise from pad site preparation and drilling activities.

The objectors did not challenge the Zoning Board’s fact findings. That was either a tactical mistake or a lost cause. One can’t tell from the opinion. The court noted these findings, among others:

  • This is an area that has historically had gas production. There are 242 conventional gas wells in the Township, some of which employ hydraulic fracturing.
  • One farm already has three gas wells plainly visible to persons driving by the property.
  • Nothing will be visible to the neighbors after the well has been drilled and completed.
  • The Zoning Board rejected as not credible the testimony of several experts sponsored by the objectors.

Continue Reading Man Bites Dog – Local Zoning Board Okays Drilling-Friendly Ordinance

Welcome to the binary edition, where you have a choice: An informative and engaging stroll through the history of the oil and gas business in Texas, or a wonkish and also informative legal analysis.

First, at the recent summer meeting of the Texas Independent Producers and Royalty Owners, TIPRO (and Drilling Info) president Allen Gilmer presented Texas Oil and Gas: Sustainable, Clean and MAGNIFICENT. In it Allen summarizes the history of oil and gas production in Texas from 1866, the economic impact of the industry, and improvements in environmental stewardship. A video would be better but the slides tell the story well enough.

For practitioners looking for an excellent summary of recent oil and gas cases from the Supreme Court of Texas, my Gray Reed partners Chance Decker and Ryan Sears offer Top 10 Supreme Court Cases of 2017 (So Far).

And if you prefer your information in pictures, here is the PowerPoint to accompany the written material.

Speaking of choices (binary plus? Sounds like gender options on a California college student application), how do you like your Corrina, Corrina? The Boz Skaggs Memphis blues way, a Wynton Marsalis (featuring Taj Mahal and Eric Clapton) Dixieland version, or Asleep at the Wheel Texas Swing style?