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Range Resources And MarkWest Liberty Midstream File Legal Challenges To The 2,500 Foot Shale Gas Facility Setback Ordinance Adopted By Cecil Township, Washington County
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On January 12, Cecil Township Supervisor Cindy Fisher announced in a Facebook post Range Resources Appalachia LLC and MarkWest Liberty Midstream have filed two different legal challenges to the shale gas facility setback ordinance adopted by the Township in November. The ordinance establishes setbacks from shale gas well pads of 2,500 feet from homes and businesses as “protected structures” and 5,000 feet from schools and hospitals. The 25-page ordinance also gives property owners the ability to waive the setback, however, all property owners within the 2,500 foot setback must agree to a waiver. The setbacks for schools and hospitals cannot be waived under the ordinance. Well pads must also be located not less than 1,000 feet from any residential lot line. The ordinance also includes provisions requiring an environmental impact analysis to “describe, identify and analyze all environmental aspects of the site and of neighboring properties that may be affected by the proposed operations or the ultimate use proposed to be conducted on the site.” The ordinance also sets requirements for other oil and gas development facilities “which employ the use of compressors, motors or engines as part of the operations and/or produce air-contaminant emissions or offensive odors, subsurface facilities, including horizontal drilling facilities, gathering system facilities and production facilities.” Click Here for a copy of the ordinance. Click Here for a more detailed summary of the ordinance. Range Resources Challenge Range Resources Appalachia LLC, a shale gas drilling company active in the Township, filed a Substantive Validity Challenge to the ordinance that will be heard by the Township Zoning Hearing Board. Click Here for a copy of the Range Resources Challenge. The challenge is not based on a specific shale gas well pad or other development. At a January 20 meeting of the Zoning Hearing Board on the Range challenge, an attorney for Range Resources summarized the challenge saying, “The challenge is a substantive validity challenge, and the question is merely whether or not the ordinance excludes oil and gas development within Cecil Township, or what we believe to be a legitimate use, which is the oil and gas development? That's full stop. That's it. It's a constitutional challenge, and whether someone is annoyed, has displeasure with regard to existing gas and well pads are really completely irrelevant.” Supervisor Fisher said in her Facebook post, “Range's claim is that our ordinance is "exclusionary". What is the definition of exclusionary - the use of zoning ordinances to exclude certain types of land uses from a given community.” She noted, “Range notified the township that they are starting 5 NEW wells at the Conor Samuel well pad (Grange Road) in January and 5 NEW wells at the Bernard Schultz pad (Rt 980 and Galati) in March. Call me crazy, but that seems to be the opposite of "exclusionary".” Zoning Hearing Board Jan. 20 Meeting On January 20, the Cecil Township Zoning Hearing Board began the consideration of the Range Resources challenge to the setback ordinance. The Board meeting focused on preliminary issues like requests to be parties of the case and standing. The Board conditionally approved all parties requesting to be parties to the case, subject to later challenges by Range Resources. Range Resources called for the recusal of Board chair Kara Shirdon from the case for allegedly being biased. Kara Shirdon did recuse herself from the case. The solicitor for Cecil Township also announced the Township will be offering a motion to dismiss the Range Resources challenge saying there are legal issues of standing and “ripeness” of the challenge. The Board solicitor laid out a proposed schedule for considering the various issues. On February 17, the Board expects Range Resources to present its challenge with witnesses. The Township and other parties participating in the case will have the opportunity to rebut the challenge at the following scheduled meeting. Click Here for a video of the Board meeting. MarkWest Liberty Midstream Challenge MarkWest Liberty Midstream, owner of natural gas processing plants and related pipeline facilities, filed a Procedural Validity Challenge in Washington County Court of Common Pleas. Click Here for a copy of the MarkWest Challenge. “Markwest filed a challenge claiming that the township did not follow all the procedural steps when we were working through the ordinance update process,” said Supervisor Fisher. “For example, one of their claims is that we didn't properly advertise the updated ordinance. For those of you that have been following this process you know that we went above and beyond to hold hearings on multiple nights over a nine month period. “We advertised every ordinance change and took two public votes (one to move the ordinance forward and one to formally adopt the ordinance),” explained Supervisor Fisher. “I want to reassure you that the Township Board of Supervisors expected these things to happen and is prepared to defend the ordinance that we voted to put into place,” said Supervisor Fisher. (Photos: top- Range Resources Augustine Drill Pad in Cecil Township; Augustine Drill Pad showing scale of operation; bottom- Map of Shale gas wells (red dots), conventional oil and gas wells (blue/green dots) in Cecil Township (DEP Oil & Gas Program); 523 feet from nearest house; Well pad gas flare from bedroom window near Augustine well pad (WTAE). Other photos Courtesy of The Energy Age Blog.) Resource Links: -- Cecil Township Supervisors In Washington County Adopt 2,500 Setback From Shale Gas Well Pads From Homes, Businesses, 5,000 Foot Setback From Hospitals, Schools [PaEN] -- Cecil Township, Washington County Posts Proposed Ordinance Increasing Setbacks From Shale Gas Well Pads Of 2,500 Feet From Homes, Businesses; 5,000 Feet From Schools, Hospitals; Nov. 4 Hearing, Meeting Set [PaEN] -- Cecil Township Supervisors Direct Solicitor To Prepare Ordinance Increasing Setbacks From Shale Gas Well Pads By At Least 2,500 Feet; Another Hearing, Vote Expected Nov. 4 [Hearing Summary] [PaEN] -- PA Senate Republicans Reintroduce Bills To Eliminate State Appeals Of Pipeline Permits; Limit Grounds For Appeal Of Any DEP Permits; Punish Communities For Protecting Their Constituents Against Shale Gas Drilling Impacts [PaEN] PA Oil & Gas Industry Public Notice Dashboards: -- PA Oil & Gas Industrial Facilities: Permit Notices, Opportunities To Comment - February 1 [PaEN] -- DEP Posted 89 Pages Of Permit-Related Notices In February 1 PA Bulletin [PaEN] Related Articles This Week - Natural Gas: -- Range Resources And MarkWest Liberty Midstream File Legal Challenges To The 2,500 Foot Shale Gas Facility Setback Ordinance Adopted By Cecil Township, Washington County [PaEN] -- Conventional Oil & Gas Industry Compliance With 2022 DEP Methane Reduction Regulation Put On Hold Pending Outcome Of Litigation [PaEN] -- Rep. Vitali Introduces Bill To Restore DEP Authority To Increase Conventional Oil & Gas Well Plugging Bonds To Prevent Hundreds Of New Well Abandonments A Year [PaEN] -- PA Republican Senator To Introduce Bill Suspending State Taxes On Natural Gas Producers; Cut DEP Permit Fees; End Drilling Moratorium On DCNR Lands; Exempt Coal-Fired Power Plants From EPA Regulations [PaEN] -- Gov. Shapiro Proposes ‘Lightning’ Energy Plan To Increase & Diversify Energy Generation; Reduce Climate Changing Pollution; Lower Energy Costs; Create Jobs [PaEN] -- Gov. Shapiro Reaches Agreement With PJM To Prevent Unnecessary Price Hikes And Save Consumers Over $21 Billion On Utility Bills [PaEN] -- PA Senate Republican Leader: ‘Every Consumer Of Electricity In This Commonwealth Is Going To Pay More;’ ‘What You’re Going To Face Is Going To Be Really Unpleasant’ [PaEN] -- Republicans On PA Senate Environmental Committee Report Out Bills To Eliminate Carbon Pollution Reduction Program Covering Power Plants, Establish Independent Energy Office [PaEN] -- Inquirer: President Wants US To Be ‘Leading’ Producer Of Non-Fuel Minerals; Here’s How PA Could Help; Rare Earth Elements Could Be More Important Than Expansion Of Fracking [PDF of Article] NewsClips: -- The Energy Age Blog: Range Resources & MarkWest Liberty Midstream File Legal Challenges Against 2,500 Foot Shale Gas Setback Ordinance In Cecil Twp., Washington County -- The Energy Age Blog: EQT Should Plug These Abandoned Conventional Wells In Peters Twp., Washington County Before Fracking From Mingo Well Pad -- PennLive Guest Essay: Natural Gas Industry Operations [Wastewater Pipelines] Are Strongly Regulated In PA - By Marcellus Shale Gas Coalition [Shale Gas Wastewater Pipelines are NOT regulated by the PUC for construction, operations and safety. Read more here. ] -- Inquirer: President Wants US To Be ‘Leading’ Producer Of Non-Fuel Minerals; Here’s How PA Could Help; Rare Earth Elements Could Be More Important Than Expansion Of Fracking [PDF of Article] -- NYT: Oil, Gas Companies Embrace New President, But Not ‘Drill, Baby, Drill’ [No Plans To Increase Production Unless Prices Rise Significantly] -- US EIA: Electric Power Sector Has Driven Rising PA Natural Gas Consumption Since 2013 -- UGI Gas Division Filed A Request With PUC To Increase Residential Gas Rates By 10.8% -- Scranton Times: UGI Seeking To Raise Natural Gas Rates 10.8% For Residential Customers -- Utility Dive: Calpine To Sell 2 PA Gas Power Plants To Avoid Market Power Concerns From Constellation Merger -- Reuters: Diversified Energy To Buy Permian Basin Oil & Gas Producer Maverick In $1.3 Billion Deal [Diversified Specializes In Buying Old Wells] -- Bloomberg: US Natural Gas Producers Likely To Gain Asian Market Share [China Buying 50% More US LNG, Cap Price At $10 - Currently $3.89] -- Bloomberg: Europe’s Gas Traders Now Fear Summer More Than Winter -- Reuters: Venture Global Given FERC OK To Start Up Another Louisiana LNG Gas Export Plant -- Reuters: US EIA Sees 7% Higher US Wholesale Power Prices In 2025; Residential Increase Of 2% -- Wall Street Journal: New Federal Administration Memo Orders Agencies To Broadly Pause All Federal Grants, Loans, Financial Assistance Programs Pending Review [PDF of Article] -- AP: Federal Judge Temporarily Blocks New Administration’s Freeze On Federal Grants And Loans -- E&ENews/Politico: EPA Freezes Federal Solar For All Program Funding Until Further Notice [PA Due To Receive $156 Million] -- Financial Times: President Wiped Out Dozens Of Biden’s Climate Initiatives In First-Week Blitz -- Inquirer: Escalating Demand And Diminished Supply Has Spiked PUC Concern About The Future Ability Of State’s Electric Grid -- Post-Gazette Guest Essay: Transformational Investments In Renewables, Energy Efficiency Are Designed To Lower Energy Costs For Pennsylvania Consumers - By Molly Parzen, Conservation Voters Of PA [Posted: January 28, 2025] |
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2/3/2025 |
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