Cecil Opposes Proposed Marcellus Shale Legislation; Board Sets Public Hearings

Cecil supervisors on Monday spoke out about their opposition to recently introduced Marcellus Shale legislation and

According to Solicitor John Smith, Range filed a land-use appeal based on two ordinances that were passed by the board of supervisors—claiming procedural defect.

In September, Cecil supervisors
 
Range Resources contested that the changes made at the Sept. 6 meeting needed to be re-advertised and sent back to the county, he said. Smith has since filed a motion in Washington County Common Pleas Court to quash that appeal.
 
While the petition to quash has already been filed, Smith said he believes the more cost-efficient way to address the appeal is by re-advertising the changes, holding public hearings and re-enact the ordinances.
 
"My estimation is if we finish this case up in court and take it up to the superior court we could spend 10 to 15 thousand dollars over whether or not there was a subsequent change made that required advertising," Smith told the board.
 
Smith said he has not had direct communication with Range about the appeal and further pointed out that most of the changes the company took issue with were ones its representatives requested.

He also said the appeal was not filed within the required 30-day period.
 
"We believe the motion was filed untimely. It has to be filed by statute 30 days after enactment. It was filed 35 days (after)," Smith said Monday.
 
Supervisor Tom Casciola made a motion and the board voted to hold two public hearings before the regular Dec. 5 meeting. The hearings will be held at 6 p.m.
 
In other Marcellus Shale related business, the board voted unanimously to pass a resolution opposing the proposed House Bill 1950, which would transfer regulatory authority from the local government level to the state level regarding drilling activity.

 
The resolution by states: "Cecil Township, with Industry input, has crafted oil and gas related ordinances that serve to strike a balance between the health, safety and welfare of our Township residents with the ability to undertake gas operations within our Township boarders."
 
The resolution also says that a uniformity of rules does not address the varying types of locations where drilling activity takes place, including the density of the population and possible zoning conflicts that may arise.
 
One resident asked the board if this is a "David and Goliath battle" that Cecil and other townships can’t win.
 
"Nobody really knows how the legislation is going to vote. But you can always stand up and be counted and I know that is what a lot of municipalities are doing right now is voicing their opinion right now," said Supervisor Andy Schrader. "I’m one of the members from our board of supervisors with the and I know that there are a lot of them that I’ve talked to that are upset that they could be losing their local laws over this."
 
In addition to passing the resolution as a township, Schrader said other co-op members have been in contact with him and that the group plans to formally oppose the bill.
 
The vote was unanimous—passing 4-0. Board Chairman Mike Debbis was absent from the meeting.