MIDDLESEX TWP — A state Environmental Hearing Board this month upheld permits for gas wells drilled near Mars High School, ending a years-long legal battle over the issue.

According to documents issued May 11, wells at the Geyer well pad on Denny Road in the township meet environmental regulations outlined under the state’s Environmental Rights Amendment.

Two of the six wells were drilled beginning in 2015, though a battle ensued with community members concerned over the wells’ proximity to residential areas and the school.

The Geyer wells, which were drilled by State College-based Rex Energy Corp. and are 0.6 miles from the Mars School District property, have been protested by a group of parents in the district and some residents of nearby Weatherburn Heights.

Work stopped at the site for several months while a series of hearings before the township zoning hearing board took place. The hearings became necessary after five residents and two environmental groups filed an objection to a 2014 amendment in the township zoning code that determined where unconventional gas drilling operations could take place.

The zoning amendment was approved by township supervisors in August 2014 despite the planning commission’s recommendation that the board delay their vote and study the situation further.

Subsequent appeals filed in the Butler County Court of Common Pleas were also denied.

In 2016 and 2017, the state Commonwealth Court denied three appeals of the township’s shale gas zoning ordinance, after hearings in Pittsburgh.

Those appealing took issue with the area in which drilling would be permitted, and also voiced concerns that pollution and the potential dangers associated with shale gas drilling were unacceptable near the Mars schools and Weatherburn Heights housing development.

Rex Energy and the township argued that shale gas development is not an industrial use because the earth-moving, lights, noise and traffic involved in well drilling are temporary. They also asserted that shale gas development helps to preserve agricultural areas because it precludes housing developments.

At the time, Rex Energy officials also said the company exceeded requirements to accommodate the school district, such as reducing truck traffic on Route 228 during peak school bus hours, enhancing sound abatement walls at the Geyer well pad to reduce noise, and allowing only right turns from Route 228 into and out of the driveway to the well pad.

In the May 11 filing, the Pennsylvania Environmental Hearing Board outlined the arguments for contention by Delaware Riverkeeper Network. First, it contended that the Department of Environmental Protection’s approval of permits for the Geyer wells, “was an abuse of discretion and a violation of specific statutes, associated regulations, and the prohibition against permitting a nuisance.”

The group also argued that portions of the Environmental Rights Amendment — Article 1, Section 27 of the Pennsylvania Constitution — were violated. That section indicates people have a right to clean air, pure water and the preservation of the environment.

The hearing board found that while the DEP did not perform a site-specific assessment of risk, it did review permit applications and adhered to existing laws. It also met with concerned citizens and took those issues into account.

Additionally, the board ruled that those filing the appeal did not provide enough proof to back up their claims, saying they, “failed to demonstrate that the Department acted unreasonably or in violation of either the 2012 Oil and Gas Act or any other relevant statutes or regulations.”

Appellates also failed to prove that portions of the Environmental Rights Act were violated, the order states.