Friday, January 6, 2012

PA Supreme Court Denies Petition for Allowance of Appeal in Penneco v. Fayette County

On January 6, the Pennsylvania Supreme Court denied the petition for allowance of appeal in Penneco Oil Company, Inc. v. County of Fayette.  In the case, Penneco challenged the validity of a zoning ordinance passed by Fayette County as being preempted by the Pennsylvania Oil and Gas Act.  The Commonwealth Court ruled that the zoning ordinance was not preempted by the Oil and Gas Act.  In doing so, the Commonwealth Court cited the Pennsylvania Supreme Court decision in Huntley & Huntley, Inc. v. Borough Council of the Borough of Oakmont for the proposition that the traditional purposes of zoning are distinctive from the purposes of the Oil and Gas Act.  The court then concluded that the Fayette County zoning ordinance was of general applicability with traditional purposes of identifying which uses are permitted in different areas and thus not an attempt to enact a comprehensive regulatory scheme of oil and gas activities.

Click here to read the denial of petition for allowance of appeal

Click here to read the Commonwealth Court opinion

Written by Dan McGraw, Research Assistant
January 6, 2012

1 comment:

  1. Hello we Can supply Aviation Kerosene, Jet fuel (JP 54-A1,5), Diesel (Gas Oil) and Fuel Oil D2, D6,ETC in FOB/Rotterdam only, serious buyer should contact or if you have serious buyers

    my seller is ready to close this deal fast contact us below: now base email us


    Russia D2 50,000-150,000 Metric Tons FOB Rotterdam Port.

    JP54 5000,000 Barrels per Month FOB Rotterdam.

    JA1 Jet Fuel 10,000,000 Barrels FOB Rotterdam.

    D6 Virgin Fuel Oil 800,000,000 Gallon FOB Rotterdam.

    Phone via WhatsApp/
    Call +79167856894

    Best Regards