Analysis

Pa. Ruling May Set Higher Zoning Hurdle For Drillers

Law360 (June 8, 2018, 6:41 PM EDT) -- A recent Pennsylvania Supreme Court ruling rejecting a municipality’s decision to greenlight hydraulic fracturing in a largely residential and agricultural neighborhood may force drillers to work a little harder to clearly show that their projects fall within the range of accepted land uses in different zoning districts.

While a proposed Inflection Energy LLC gas well won approval from local officials in a western Pennsylvania township because it was deemed on par with the kind of “public service facilities” allowed across all zoning districts in the municipality, the justices ruled 4-to-3 on June 1 that the company had failed to present clear...

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