Pa. Appeals Court Upholds Town's Fracking Law

Law360 (October 26, 2018, 9:13 PM EDT) -- A Pennsylvania appeals court on Friday supported a local land-use ordinance that explicitly lets a Westmoreland County town allow hydraulic fracturing — or “fracking” — in residential and agricultural areas, rejecting arguments that the rule ran afoul of environmental protections enshrined in the state’s constitution.

An en banc Commonwealth Court panel ruled 5 to 2 that the controversial zoning ordinance was a valid exercise of Allegheny Township’s power to regulate where oil and gas drilling took place within its borders, and that questions over potential environmental impacts were best left to agencies tasked with permitting individual wells.

The ruling disposed of...

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