Apex again sues Penn Twp. over drilling rejection
A natural gas exploration company has sued Penn Township in federal court over the municipality's refusal to allow the firm to drill two unconventional wells in the Marcellus shale and has challenged its proposed zoning ordinance as unconstitutional and unenforceable.
The 10-count lawsuit that Apex Energy of Wexford filed in U.S. District Court in Pittsburgh against commissioners and the zoning hearing board contends the township on April 14 unlawfully rejected its applications to drill at sites along Dutch Hollow Road.
The township's refusal to approve the special exception to the zoning ordinance was based on the belief that Apex failed to show it would not violate requirements of a pending ordinance, the suit states.
Apex, which has two working wells in Penn Township, said it satisfied all the objective requirements for developing drilling operations.
Apex claims in the federal suit that the township violated its property rights and that it should be granted a variance to drill the two additional wells, as well as its pending applications to drill five more.
Apex wants a federal judge to declare the pending zoning ordinance invalid. According to the suit, the proposal discriminates against oil and gas operations because that's the only industry on which the township imposes vague “performance standards” and overly severe environmental restrictions.
The proposed ordinance, which the commissioners intended to enact in October 2014, was recommended for approval on Tuesday by the township's planning commission. The revised ordinance goes to the township commissioners for review.
The lawsuit also seeks an unspecified amount of compensatory and punitive damages, as well as costs associated with following the township's procedures for obtaining approval to drill the wells.
Manager Alex Graziano acknowledged the township was served with notice of the lawsuit. He declined to comment.
Neither Michael Korns, solicitor for the commissioners, nor John Sweeney, solicitor for the zoning hearing board, could be reached for comment Thursday.
Penn Township is also fighting Apex Energy in Westmoreland County court, where the company sued the zoning hearing board over its April 14 decision opposing an application for a special exception to the zoning ordinance to drill at one site.
The company said in its May 11 lawsuit that the board's rejection of its application was not supported by anything presented in hearings in January and February. Apex said its design, construction and operations pose no risk to the community's health and safety, beyond what the commissioners considered an “acceptable risk” for oil and natural gas drilling in a mineral extraction overlay district.
A citizens group opposed to drilling, Protect PT, filed a petition with the county court May 26 seeking intervention in the land use appeal.
The group contends the zoning hearing board came to a “reasonable conclusion” that Apex had not adequately assessed the risks of its proposed activity to the surrounding community and environment.
Joe Napsha is a Tribune-Review staff writer. Reach him at 724-836-5252 or jnapsha@tribweb.com.
