Drilling company appeals Bucks judgment

 

By Theresa Hegel, Intelligencer, October 15, 2008

Arbor Resources and its associates have filed an appeal of a Bucks County judge’s decision to enforce Nockamixon’s ordinances regulating natural gas and oil drilling.

The Michigan-based drilling company — along with Pasadena Oil and Gas Wyoming, Hook ’Em Energy Partners and Pearl Energy Partners — also filed a curative amendment challenge with the Nockamixon zoning hearing board, according to township solicitor Jordan Yeager.

“I can’t say I’m surprised,” he said of Arbor’s actions.

Yeager had argued before Judge Clyde Waite in September that Arbor’s objections to township law were not appropriate for court and should first have been handled on the local level by supervisors or the zoning board.

A zoning challenge is the proper starting forum to say “we think your ordinance is invalid or unconstitutional,” Yeager said.

Arbor believes Nockamixon’s ordinances are superseded by state Department of Environmental Protection regulations.

The DEP has already issued permits for Arbor to drill at two properties, but township ordinances prohibit drilling at those sites.

 

Waite sided with Nockamixon, ruling that the state’s Oil and Gas Act gives exception to local ordinances pursuant to the municipalities planning code.

 

Terry Beia, an Arbor representative, has not returned several calls for comment on the lawsuit over the last few weeks.

 

Yeager said Arbor’s appeal to Commonwealth Court could take months to resolve, but that he isn’t worried about the outcome.

 

“I feel confident that the judge’s decision is right and the ordinance is valid,” he said.

 

Staff writer Amanda Cregan contributed to this report.

 

http://www.phillyburbs.com/pb-dyn/news/113-10152008-1605890.html