Marcellus Municipal Co-op: We Oppose HB 1950

Editor's Note: The Marcellus Muncipal Co-op released this statement Monday regarding recent legislation introduced in the House regarding the regulation of Marcellus Shale.

On Behalf of , Hanover, Mt. Pleasant, Robinson-Washington County, and South Fayette Townships—as well as several other townships from the 18 communities of Washington, Beaver, and Allegheny counties that compose the Marcellus Municipal Co-op—we would like to state our opposition to

In particular:

Our communities are on the frontlines of the Marcellus Shale play and are affected on a daily basis by the effects of this industry. Over the past several years, our local communities have worked to develop reasonable laws and ordinances to protect the safety, health, and welfare of our residents.

These ordinances are designed to allow the industry the ability to operate while ensuring that our communities are affected in the smallest way possible.

Each of our communities is different. Whether by topography, by population density, or any of a number of other things, we are all unique. Because each community is unique, the need to address issues related to Marcellus Shale drilling, or any industry for that matter, must remain at the local level.

House Bill 1950 would strip local communities of the ability to regulate what happens in their towns, cities, and boroughs. This power grab, fully supported by the governor is not only wrong, but a clear indication that Harrisburg is out of touch with the needs of the local communities they are supposed to represent.

If the federal government stepped in and told Pennsylvania that they were taking authority away from them to self-govern, the House and the Senate would be up in arms. This situation is no different. Not only is there State Law to support local governance, but there is also State Supreme Court rulings protecting that right. To allow this bill to become law is an insult to the local municipalities, a disregard
for the state Supreme Court, and a caving in to the Industry and their special interest groups.

We are in favor of business and industry bringing jobs and revenue to our communities, but we should not be forced to do so without the ability to regulate operations within our boundaries.

There is nothing so special about the Marcellus Shale industry that they should not be required to comply with local zoning laws that any other business coming to a community would be required to follow.

Local zoning allows municipalities the ability to protect themselves and their residents from companies who don’t want to play by the rules. Ordinances vary from municipality to municipality and from type of business to type of business because each is unique.

For example: A garbage dump is very different from a sexual-oriented business and the local rules address each appropriately. Marcellus well drilling is different from a convenience store, and the rules to operate each need to reflect that. The State has no place in dictating a generic set of rules that all municipalities would be forced to follow. To suggest that one set of rules fits all communities is short-sighted and irresponsible.

The industry would have us all believe that they can’t compete fairly in PA because they have so many different sets of rules to follow. The amount of money generated thus far by Marcellus drilling suggests otherwise. This is not an industry hurting because of local regulation. This is simply an industry not
accustomed to following local rules.

The potential to repeat the coal debacle of decades ago and all of the impacts that were, and still are, associated with it are the very reason local municipalities need to retain the ability to regulate this industry at the local level. The industry argues that centralizing the rules would be beneficial to all municipalities in Pennsylvania. They argue that there are many municipalities in the state that do not have local rules in place and this legislation would provide protections to them.

The truth is that it benefits the industry. It would allow them to operate with little, if any oversight and without fear of reprisal if they break the rules. In a State that is already financially struggling, to suggest that a State agency be given the additional task of monitoring and policing the industry more than they
are now is ludicrous.

The only reason the industry plays by any of the rules now is because the local municipalities are there to set the standards and monitor their activities. Take that away and you’re opening Pandora’s box.

Regardless of which side of the aisle you sit on, big government doesn’t work when it comes to policing at the local level. Even in war, you have commanders at the top who understand that you can only win by allowing those in the field and on the ground the power to make decisions and have some control over what happens on the battlefield. This is a now a battlefield. The Environmental Protection Agency and the Department of Environmental Protection command at the federal and state levels, but there MUST be command and control at ground zero (the municipal level).

To do anything else is to ensure failure and destine this State to repeat the disasters of the coal industry from decades ago. If left unchecked, it allows a greedy industry to continue to ruin a beautiful state with no regard for the people or land they affect.

We and the residents of the 18 municipalities we represent urge you to not to pass HB 1950. As the leaders of our great state, we’ve put our trust in you to do what’s right for Pennsylvania. We hope you make the right decision. We make our decisions at election-time based on how those we elect to represent us do so. Show us we made the right decision and show the industry that this is still a
government of, by, and for the people.

On behalf of the ,


Township Manager
Robinson Township, Washington County