2017)” relating to the Court’s finding local and state government and agencies have an obligation under the Environmental Rights Amendment to act as trustees for the environment. The Pennsylvania Supreme Court remanded the case to the Commonwealth Court specifically “in light of Pa. Unreasonably infringes on their rights under Article 1, Section 27 of the Pennsylvania Constitution to clean air, pure water, and a healthy local environment in which to live, work, recreate, and raise their children.Violates Article 1, Section 1 by injecting incompatible industrial uses into a non-industrial zoning district in violation of the Township’s Comprehensive Plan thereby making the ordinance irrational and.
Violates Article 1, Section 1 of the Pennsylvania Constitution because it was not designed to protect the health, safety, morals, and public welfare of its citizens and, therefore, is not a valid exercise of the Township’s police power.Several of the objections to the zoning permit and ordinance brought by Delaware RiverKeeper, et al included: The county court and Commonwealth Court pointed to the fact the township supervisors expressly adopted a change to the zoning ordinance, over the objections of the Township’s Planning Commission and after extensive public hearings, to allow for oil and gas well site development in these areas. On June 7, 2017, the Commonwealth Court affirmed the decision of Butler County Common Pleas Court to deny an appeal of a zoning permit allowing drilling saying the Middlesex Township zoning ordinance allows drilling in a residential–agricultural zoning district. The challenge was brought by the Delaware RiverKeeper Network, Clean Air Council, and several individuals against the Township and R.E.
On August 3, the Pennsylvania Supreme Court ordered the Commonwealth Court to rehear a challenge to a zoning permit allowing shale gas drilling in Middlesex Township (Butler County) specifically on the grounds of whether it is consistent with that court’s Environmental Rights Amendment decision in 2017.
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