Nockamixon took home a victory in court Monday over companies that want to drill for oil
and natural gas in Upper Bucks.
A Bucks County judge ruled against Arbor Resources and Pasadena Oil and Gas Wyoming, both of Traverse City, Mich., and Hook ’Em Energy Partners of Austin, Texas.
Judge Clyde Waite sided with the township’s authority to enforce local ordinances
to regulate natural gas and oil drilling in the township.
The gas companies argued in a lawsuit filed in May that local ordinances are not binding
because they are trumped by regulations already in place under Pennsylvania’s Oil and
Gas Act.
Arbor and its associates say they have met state drilling requirements.
Waite’s ruling found the act gives exception to local ordinances pursuant to the
state’s municipalities planning code.
“The purposes of the Oil and Gas Act is to permit the development of oil and gas
resources while at the same time protecting the health, safety, environment and property of the local citizenry,” Waite
concluded.
Nockamixon solicitor Jordan Yeager said the judge’s decision was an affirmation of
local authority and ultimately allows township supervisors to enforce their ordinances.
“Obviously the result is a significant result for the township,” said Yeager,
a Doylestown attorney. “I think it’s a vindication for local interests.”
Yeager argued before the judge last week that the gas companies’ first steps should
be to appeal to the township’s zoning hearing board or the board of supervisors.
“Our primary objection was that this matter was not appropriate in court,”
he said. “When you are raising a substantial challenge to a zoning ordinance you’ve got to go there before going
to court.”
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