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.
