In 2013, the Pennsylvania Supreme Court rendered its ground-breaking decision in Robinson Township v. Commonwealth, (Robinson II), in which a three-justice plurality relied on  the Pennsylvania Environmental Rights Amendment, Article I, Section 27 of the Pennsylvania Constitution (ERA) to invalidate certain provisions of Act 13 (the General Assembly’s 2012 comprehensive update to the former Oil and Gas Act) limiting the authority of local governments to regulate oil and gas development. This decision triggered a wave of challenges from objectors who argued local ordinances are substantively invalid where they fail to place sufficient restrictions on oil and gas uses or allow them in allegedly incompatible zoning districts. To date, these types of claims have been consistently rejected by local zoning hearing boards, the Common Pleas Courts and the Commonwealth Court. Extensive case law following Robinson II makes it clear that where oil and gas development occurs is squarely within the purview of local zoning authority, while how it occurs is a state regulatory matter. The Supreme Court’s decisions in Gorsline v. Fairfield Township, 186 A.3d 375 (Pa. 2018), and Robinson IV, 147 A.3d 536 (Pa. 2016), and several Commonwealth Court decisions including Frederick v. Allegheny Township Zoning Hearing Board, 196 A. 3d 677 (Pa. Cmwlth. Ct. 2018), Delaware Riverkeeper Network v. Middlesex Township Zoning Hearing Board, No. 2609 C.D. 2015 (Pa. Cmwlth. 2019) and Protect PT v. Penn Township, No. 1632 C.D. 2018 (Pa. Cmwlth. Nov. 14, 2019), appear to have laid to rest any lingering doubts concerning a municipality’s authority to allow oil and gas uses within its boundaries. The Pennsylvania Supreme Court has declined to hear appeals in Frederick, Delaware Riverkeeper or Protect PT.

The Commonwealth Court recently reiterated these principles in Murrysville Watch Committee v. Municipality of Murrysville Zoning Hearing Board, No. 579 C.D. 2020 (Jan. 24, 2022). On Jan. 24, the court issued an opinion and order affirming the decisions of the Westmoreland County Common Pleas Court and the Murrysville zoning hearing board, denying the objectors’ challenge to the oil and gas regulations in the municipality’s zoning ordinance. The 48-page opinion, authored by Judge Patricia McCullough, comprehensively rejected the substantive, procedural, and evidentiary arguments raised by the objectors, relying heavily on its prior decisions in Frederick and Protect PT. On Feb. 23, the objectors in Murrysville Watch filed a petition for allowance of appeal with the Supreme Court.