Grappling with the issue of methane-gas drilling on private property, a dozen or so Westmoreland County municipalities agreed Friday to work toward a solution by having their solicitors submit ideas for legislation to local members of the General Assembly.
Reps. Jess Stairs and Joseph Petrarca, who attended yesterday's meeting at the Unity Township municipal building, said they welcomed the help.
Stairs, R-Acme, said, "You guys get the report to us. Our job will be to get the votes."
Supervisors are upset that drillers who own the subsurface mineral rights in abandoned coal fields have the legal authority to extract coal-based methane-gas without the consent of the land owners, and without paying compensation to land owners.
Access roads are built, pipes are laid and water tables depleted, all without a single dollar changing hands, officials said. Farmers seem to bear the brunt of the problem.
Salem Township passed an ordinance last year to regulate surface activities. However, Westmoreland County Common Pleas Court Judge Daniel Ackerman threw out the measure after it was challenged by an industry group, the Independent Oil and Gas Association.
Ackerman ruled, in effect, that Pennsylvania law -- in this instance, the state Oil and Gas Act -- trumps any local ordinance on the matter.
"We got shot down in the courts," Salem Township Solicitor Gary Falatovich told the gathering. He said the township is determined to fight on. It has appealed Ackerman's decision to Commonwealth Court.
Rep. Tom Tangretti, D-Greensburg, submitted legislation during the current session to deal with the matter, but the bill was expected to die at the close of the legislative year.
Stairs said recommendations should be given to lawmakers before year's end so that new legislation -- perhaps incorporating the views of municipal officials -- might be ready for submission in January.
"Give us direction," Stairs said. "Hopefully, next year we can get it passed."
Stairs added, "We should be fair to everyone."
Petrarca, D-Vandergrift, said he thought a "legislative approach" -- as opposed to a court case -- "can be successful."
He downplayed possible indifference to the issue by lawmakers who are not from Southwestern Pennsylvania. "It's an easy vote for Philadelphia legislators," he said.
The matter is "on the radar screen" in Harrisburg, Petrarca assured officials.
The methane-gas issue is confined to the southwestern part of the state, with millions of tons of bituminous coal remaining underground. Methane gas cannot be extracted from anthracite coal, found in Northwestern Pennsylvania.
The boom in methane-gas extraction on private property began about four years ago, in Blacklick Township, Indiana County. It has since spread to Armstrong, Cambria and Westmoreland counties. As a demonstration of its far-reaching impact, Fayette County representatives attended yesterday's session.
Various ideas were kicked around. One was to bypass the Oil and Gas Act and instead amend the state's municipal planning law by placing greater authority in the hands of municipal officials.
Salem Township Supervisor Andy Johnson said legislators might take a look at what he called a "fairer tax" for drillers. Stairs countered that higher taxes on drillers "could be a good leverage tool" for legislators trying to obtain concessions from the industry.
Still others faulted the state Department of Environmental Protection for lax enforcement of existing regulations. Falatovich said DEP was "looking for an opinion from its chief counsel whether or not it has the authority to regulate (methane gas) transmission lines."
If it does, "that may go a long way to resolving" the issue, he said.
By the end of the meeting, the legislative option remained on the table, despite obstacles some of those attending foresee. Following the meeting, Petrarca said the industry is sure to raise its lobbying profile in Harrisburg in the event tighter drilling restrictions appear to be in play.
"We are David fighting Goliath," Johnson said.
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