Drilling decision put on hold

 

By Amanda Cregan, Intelligencer, February 5, 2009

Nockamixon officials are set to vote on a case that has the potential to open up natural gas wells in Bucks County.

The zoning hearing board will announce its decision Monday at 7 p.m. on a case between gas drilling company Arbor Resources and Nockamixon supervisors.

All six full and alternate members of the zoning hearing board deliberated for two hours in executive session Wednesday night, but delayed making a final ruling.

On the advice of its solicitor, the board agreed that only the three members who were present for previous judicial proceedings would rule on the gas drilling case.

Chairman Dave Wolfinger, board member Lance Arbor (not connected to the gas company) and former alternate board member Clarence Berger each hold private gas leases and stand to financially gain from their ruling, but the other members, who do not hold leases, were absent from the initial hearing in November.

The men have sworn an oath of objectivity.

Berger was ousted from his position by supervisors in January when his term expired at the end of 2008. But Pennsylvania law allows Berger to finish the case and make a ruling, said zoning hearing board solicitor Peter Harrison.

In another twist, Michigan-based Arbor Resources lost its only state permit to drill last week.

Much of its legal argument has centered around its permission to operate by the state Department of Environmental Protection.

Arbor attorneys have argued that DEP approval trumps local ordinances regulating gas drilling, according to Pennsylvania's Oil and Gas Act.

Township supervisors maintain they have the right to protect Nockamixon from possible pollution and groundwater contamination.

Nearly 250 Nockamixon homeowners have already signed leases with Arbor.

Meetings are held at the municipal building.

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