Towns Fighting to Stand Ground Against Gas Drillers
As energy companies move to drill in densely populated areas from Pennsylvania to Texas, battles are breaking out over who will have the final say in managing the shale gas boom.
Newbury Village is a new development in South Fayette, near Pittsburgh. Pennsylvania legislation could limit how it and other towns regulate drilling operations.
The fight, which pits towns and cities against energy companies and states eager for growth, has raised a fundamental question about the role of local government: How much authority should communities have over the use of their land?
The battle is playing out in Pennsylvania as the Republican-controlled legislature considers bills that would in their current form sharply limit a community’s right to control where gas companies can operate on private property. Critics say the final bill could vastly weaken local zoning powers and give industry the upper hand in exchange for a new tax, which municipalities badly need.
The legislation has struck a nerve in a state where land control has long been considered quintessentially local.
“I’m a conservative Republican, and this goes against all my principles,” said Brian Coppola, the chairman of the Board of Supervisors of Robinson Township, in Washington County west of Pittsburgh. The pending legislation, he said, “is an enormous land grab on the part of the industry. He added, “Our property rights are being trampled.”
Mr. Coppola noted a hillside in town that began to crack and slide under the weight of a new shale gas processing plant, which he contends was built without a permit. The town’s zoning powers allowed him, through a court, to compel the company to follow town regulations and allow town inspectors access to the site. The site was eventually stabilized. Losing those powers would leave local officials out of the equation, he said, even though they are responsible for protecting the health and safety of their citizens.
“I’m an unpaid, part-time elected official, and it’s been a nightmare,” he said. “The state is not capable of monitoring even the most basic parts of this industry.”