The Borough of Jefferson Hills Council, therefore, was wrong to rely on the objectors’ testimony to deny a conditional use permit to applicants EQT Production Co. and ET Blue Grass Clearing, both the trial and appellate courts said.

“Without a doubt, they testified about serious problems at other well sites or the harms posed by drilling and operation of unconventional wells generally,” Senior Judge Bonnie Brigance Leadbetter wrote for the majority. “While such testimony might persuade legislators to prohibit such drilling, it does not satisfy their burden to show that the development of the Bickerton Well Site would have an impact on public health, safety, and welfare beyond that normally associated with any other unconventional well site.”

John Smith of Smith Butz represented Jefferson Hills. He said the case has statewide implications for conditional and exceptional use hearings before local municipalities.

“It really speaks to any objector’s right to introduce evidence and a municipality’s ability to evaluate that evidence,” he said. “Firsthand experience is used every day when a new use comes to town.”

Krista-Ann Staley of Babst, Calland, Clements and Zomnir represented EQT. She didn’t return a call seeking comment.

In the Commonwealth Court ruling, Leadbetter was joined by Judge Michael H. Wojcik.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]