The Butler County Court
of Common Pleas issued a preliminary injunction on June 26, 2015, that will temporarily
prevent any unconventional gas well activities at 451 Denny Road, Middlesex
Township. The preliminary injunction will stay in effect until a final judgment
is decided on a challenge to the validity of the township Zoning Ordinance.
In August 2014, the
Middlesex Township amended its Zoning
Ordinance allowing oil and gas activities in many of the
zoning districts in the township. Based on Article 1 Section 27 of the
Pennsylvania Constitution, the Environmental Rights Amendment, some residents
in Middlesex Township, along with environmental groups Delaware Riverkeeper
Network and Clean Air Council, challenged the ordinance’s amendment before the
Middlesex Township Zoning Hearing Board. They claimed that the ordinance’s
amendment violated their rights to health and environmental safety. Rejecting
their arguments, the three members of the Zoning Hearing Board voted to uphold the
amended Zoning Ordinance. Two township residents and environmental groups appealed
the Zoning Hearing Board’s decision to the Court of Common Pleas.
As a result of the
court’s ruling, oil and gas activities will be stopped at 451 Denny Road,
Middlesex Township, providing that appellants file a surety bond of $250,000 by
July 26 so as to compensate oil and gas companies’ potential losses if the
appeal is unsuccessful.
Written by Chloe Marie - Research Fellow
07/02/2016
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