Pennsylvania Commonwealth Court has ruled development of four Penn Township fracking sites can continue, stymieing a local advocacy group’s attempt to stop the projects.
The Penn Township Zoning Hearing Board in early 2017 approved special exceptions for four well pads proposed by Apex Energy, known as the Backus, Deutsch, Drakulic and Numis pads.
The advocacy group Protect PT appealed the decision to Westmoreland County Court, which ruled in favor of the township.
Protect PT appealed again, to the Commonwealth Court, arguing that the wells would hurt the quality of the air and water in the township, and that the proposals did not adequately address the storage of wastewater.
Once again, the court upheld the zoning board’s decision. An opinion written by Judge Robert Simpson and announced Thursday says Protect PT did not present sufficient evidence to put the board’s decision in doubt.
“We’re very disappointed at the commonwealth’s decision today. We don’t feel the court upheld our constitutional rights as Pennsylvanians to clean air and pure water,” said Protect PT Director Gillian Graber. “We had hoped the court decision would do what the zoning hearing board failed to do.”
Township Community Development Director Bill Roberts said the ruling affirms the work done by the zoning board.
“Obviously we thought the zoning hearing board had done its due diligence,” he said. “We respect the effort that the zoning hearing board puts into these decisions.”
There are more than a dozen fracking wells in various stages of development in the township. In 2016, the township rejected two Apex well pad proposals. Apex sued the township in federal court for $300 million, arguing the denials were unlawful.
The township settled with Apex to avoid the lawsuit, The rejections were reversed, four other wells were approved and Apex agreed to several stipulations, including air and sound quality monitoring during construction.
Graber said Protect PT is considering whether to appeal the case to the state Supreme Court.
The group is involved in several other lawsuits related to fracking in the township, including a challenge of the township’s mineral extraction overlay currently being considered by Westmoreland County Judge Harry Smail.
“We will continue to use any legal method available,” Graber said.
