Gas lawsuit brewing in Wayne County

DAMASCUS — On Friday, July 23, Damascus Citizens for Sustainability filed a motion to intervene in a lawsuit in federal court in Wilkes Barre. The lawsuit, filed on July 6 by Newfield Appalachia PA LLC, would block Damascus Township in Wayne County from applying its local town zoning ordinances to gas well drilling projects. Damascus Citizens filed the motion on behalf of five members who live near the Woodland Management Partners well site. Newfield is asking the federal court to rule that the Pennsylvania Oil & Gas Act totally preempts Pennsylvania town’s local zoning controls, even though the Pennsylvania Supreme Court ruled last year that zoning ordinances that control where gas well drilling projects can be located is not preempted by the Oil & Gas Act. The new motion to intervene joins with a similar motion to intervene filed by Damascus Citizens attorney, Jeff Zimmerman, on July 13 when he learned about the federal lawsuit brought by industry against Damascus. Gas well drilling is not a permitted use in the Damascus Township zoning ordinance. If granted, the two motions to intervene will allow Damascus Citizens, a local not-for-profit and the five named members to defend Damascus township zoning ordinance against gas well drilling projects that are an illegal land use under current township ordinance. These actions are necessary because it is unclear whether the township will mount a vigorous defense.