Range Resources Challenges Drilling Ordinance

A major is challenging South Fayette’s drilling ordinance, but Collier and Scott township–both of which recently passed their own regulations–are confident they’re on solid legal ground.

Range Resources announced Tuesday its intention to challenge South Fayette’s ordinance by asking the township’s zoning hearing board to review it. The natural gas drilling giant said the conditional use procedure and zoning rules put too many restrictions on where they are permitted to place the well pads.

In the 35-page document, filed on behalf of the company by Range’s attorney, Kenneth Komoroski, contends that the company is “being deprived of its legal right to develop its oil and natural gas property interests.” Range contends that portions of the ordinance are pre-empted by state law, and that the township is acting outside its authority by restricting oil and natural gas drilling activity through various conditions.

The ordinance restricts drilling in conservation and residential zones, which take up the majority of the township. It also forces a conditional use permit for each new site, meaning drillers would have to receive approval for each individual horizontal well.

“Due to a lack of statewide standards some have taken extreme and illegal measures like South Fayette,” Range spokesman Matt Pitzarella said in a statement. “Sadly these decisions leave us no choice but legal action, which is costly for local governments.”

South Fayette Commissioner Deron Gabriel, however, thinks the township’s ordinance is “fair and reasonable” and will withstand any legal challenge. Gabriel also questioned whether two of the three members on the zoning hearing board, who he said have leases with Range, will be allowed to hear the challenge.

“I’m confident our ordinance will stand up to scrutiny,” Gabriel said. “I feel the laws support us. I do not think there is merit (in the challenge).”

He added that it’s important for the township to protect the residential zones because new neighborhoods are continuing to be developed in the once rural area. He thinks the majority of South Fayette residents want their local government to protect them from Marcellus Shale drilling.

, although officials from both municipalities think their rules are less intrusive. Both do not allow drilling in residential areas, but require smaller buffer zones from schools, hospitals and buildings.

“They have some really stringent requirements about where the drilling can be done (in South Fayette). It’s pretty far out,” Collier Commissioner Bob Schuler said. “Our space is more reasonable, we think. We’re still comfortable with it.”

Meanwhile, Scott Township Manager Denise Fitzgerald

“I think our ordinance is pretty solid. I think it’s pretty good,” Fitzgerald said. “I don’t think we put anything in there that would generate a lawsuit. We think it’s fair. We think it is looking out for the safety of our residents, as any community would do.”

Amanda Gillooly of Canon-Mac Patch contributed to this story