The Pennsylvania Independent Oil and Gas Association filed a lawsuit on September 19, 2011, in the Western District of Pennsylvania against Warren County’s Columbus Township. In its complaint PIOGA alleges that the township’s ordinances, banning the disposal of toxic liquids that were generated outside the township, violates the Commerce Clause of the United States Constitution. PIOGA alleges the ordinances discriminate “facially, purposefully or effectively” against commerce in out-of-state waste. According to the complaint, PIOGA also claims the ordinances violate Fourteenth Amendment Equal Protection rights, are preempted by both the federal Safe Water Drinking Act and the Pennsylvania Oil and Gas Act, and constitute an impermissible exercise of police power by the township.
Docket number 1:11-cv-00210-SJM
Written by Andy Schwabenbauer, Research Fellow
September 26, 2011