Federal judge: Home rule charter banning hydraulic fracturing is preempted by federal, Pennsylvania laws

A federal judge in the Western District of Pennsylvania on September 29, 2017 issued an opinion in Seneca Resources Corporation v. Highland Township, W.D.Pa. No. 16-cv-289 Erie, 2017 U.S. Dist. LEXIS 162629 (Sep. 29, 2017), granting a motion for judgment on the pleadings from Seneca Resources. The Court reviewed a Highland Township Home Rule Charter – approved by voters in a referendum in November 2017 –  that banned certain hydraulic fracturing operations within the township. The Court ultimately determined that the charter was preempted by both federal law and Pennsylvania state law. Further, it held that the charter was an impermissible use of legislative powers, a violation of the company’s First Amendment rights, and a de facto violation of the company’s Fourteenth Amendment substantive due process rights.

Oil & Gas Litigation, Pennsylvania