Court action mulled
A group of Butler Township residents is exploring possible legal action in hopes of preventing natural gas drilling in residential zones.
The Section 27 Alliance group met Saturday at the Butler Public Library to discuss the Krendale and Schaffner Road gas well sites in the township, and to judge residents’ interest in fighting the wells in court.
More than 50 residents attended the meeting, which lasted about two hours.
“We cannot depend on our elected officials to make reasonable decisions,” said Joseph McMurry, a founding member of the alliance.
The alliance named itself after Article 1, Section 27 of the state constitution, which says people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and aesthetic values of the environment.
“We decided to name our group what we’re for, not what we’re against,” McMurry said.
The group is not fighting natural gas drilling in general, just in residential zones. It claims the well pads near homes decrease property values, are a nuisance to neighbors, and bring a strong concern for safety of residents.
Organizers of the group said they already have met with a law firm in Pittsburgh that specializes in environmental law. The group did not disclose the firm.
McMurry said the group is trying to determine whether it wants to challenge the township’s ordinance that allows drilling in residential zones, or one of the Krendale or Schaffner Road pads. Each of the complaints would have to be challenged separately.
McMurry said the Krendale pad is probably the most pressured by time.
The group is basing many of its complaints on the state Supreme Court’s ruling that made certain parts of Act 13 unconstitutional. Part of the act ruled unconstitutional by the court focused on the state having the ability to mandate that municipalities allow drilling in all zones.
“The arguments behind the ruling can potentially be applied to Butler Township’s ordinance,” McMurry said.
One of the biggest concerns expressed at the meeting was a one mile evacuation zone surrounding the two well pads already approved by the township.
VA Butler Healthcare, Moraine Pointe Plaza, Butler Commons, and the Benbrook Ambulatory Surgery Center all are within the evacuation zone for the Krendale pad, McMurry said.
Sam Hoszwa, another founding member of the alliance, said most of the businesses and residents within the one mile radius of the pad don’t know about it.
Hoszwa said he spoke with officials at the VA Butler Healthcare Center who expressed concern about the pad.
“They thought I was someone with the township informing them it was going in,” Hoszwa said. “They knew nothing about it.”
The pad is awaiting final permit approval from the state Department of Environmental Protection.
McMurry said the group would like to challenge the pad in court, but would have to do so quickly and would certainly need an injunction on its drilling.
McMurry asked the residents in attendance if they would be interested in contributing to a lawsuit, and more than half raised their hands when asked if they would contribute more than $100.
McMurry said it would cost thousands to challenge the pads and the township ordinance.
The group expects to have another public meeting at the library after another meeting with the law firm.
