Politics & Government

Dawson Sues Cecil Over Seismic Testing

Read the full 71-page court document only here.

Dawson Geophysical on Friday filed a civil suit against over its seismic testing ordinance—and the company’s ability to conduct that testing on municipal roads.

“Dawson seeks to bar Cecil Township from enforcing (its ordinance) to prohibit the use of vibration trucks on township roads,” the 71-page complaint stated, adding that the regulations in place fail to conform with the state constitution and other laws.

Approved by Cecil supervisors in 2010, the seismic testing ordinance calls for applicants such as Dawson that seek to use township roads to go through a public hearing process—and if approved, give notice of its activities to the municipality, as well as affected residents.

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“The requested relief is necessary to prevent irreparable harm to Dawson, should it be prohibited unlawfully from conducting its seismic testing,” the suit continued.

The suit also contends that the township ordinance governing seismic testing is not part of the state’s new oil and gas regulations—known as Act 13—and therefore are not subject to a temporary injunction filed in relation to the zoning portion of the law.

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“The township should not be allowed to use the additional time pursuant to the injunction to enforce a non-zoning ordinance that violates Pennsylvania law,” the court filing stated.

Reached for comment on the suit Monday, Cecil solicitor John Smith said that he was unsure why Dawson sued the municipality a day after it made application to the township to use its roads for such testing, adding that supervisors would have taken action on the application.

He added that the Act 13 injunction leaves in place all local ordinances—including those relating to seismic testing.

Smith, who was in court Monday regarding the issue, said, “They basically said, ‘We need to be on the roads tomorrow.’ And that’s just not the way it works.”

He added: “They have to let the process run its course.”

Editor's Note: To read the entire 71-page complaint, click on the attached PDF file. -amanda


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