PA Chamber President and CEO Gene Barr issued a statement Tuesday praising the Commonwealth Court’s recent decision in the case of Dolores Frederick, et al, v. Allegheny Township Zoning Hearing Board.
The Court upheld a municipality’s zoning ordinance that allowed for oil and gas drilling.
“We applaud both the outcome and the reasoning of the majority’s decision in this case, and we appreciate the opportunity to have filed an amicus brief representing the interests of our broad array of members,” Barr said. “This decision provides greater certainty to job creators looking to invest, operate and expand in the Commonwealth, and clarifies the roles of local and state government with respect to environmental regulation.”
The court ruled that the zoning ordinance does not violate the Environmental Rights Amendment of the Pennsylvania Constitution and that municipalities are not obligated to enact land use regulation.
“The court made clear that the legislature gave the power to regulate environmental impacts to DEP and other state agencies, not municipalities,” Barr said. “Further, the opinion adopted a key theme of the Chamber’s brief: government agencies may not rely on the Environmental Rights Amendment as justification for acting beyond the scope of their statutory authority.”