Feel-Good Ban: Council Should Restrict, Not Bar, Gas Drilling

Pittsburgh Post-Gazette
13  November 2010

Instead of dealing with a real crisis like the looming state takeover of Pittsburgh's pension fund, City Council gave time and energy this week to a feel-good measure that could be scrapped in court.

Council took a preliminary vote of 8-0 Tuesday to ban natural gas drilling in the city, a move that plays to the controversy over tapping the Marcellus Shale deposits beneath Pennsylvania. Although a final vote is set for next Tuesday, a municipality has no authority to prohibit such activity.

A federal judge said so last year in a case involving Blaine, Washington County, and its ordinance against fossil-fuel development. After a challenge in federal court, Chief U.S. District Judge Donetta W. Ambrose ruled that the township's restrictions ran afoul of the state Oil and Gas Act and that Blaine has no authority to annul constitutional rights upheld by the U.S. Supreme Court.

The city would do better to restrict -- not ban -- gas exploration, as proposed in June by Councilman Patrick Dowd. He offered a package of safety requirements and zoning rules that would limit drilling to large tracts of industrial land more than 1,000 feet from homes, schools and churches. This week, however, Mr. Dowd voted for the ban.

Does Marcellus Shale gas deserve close oversight and state inspection? Yes. Should companies be held to strict laws that safeguard natural resources and private property? Certainly. Should a severance tax on the industry help pay for more regulators and mitigate the impact of drilling? Absolutely.

But Pittsburgh, which is not an attractive area for drilling anyway because of its sheer urban density, will get no protection from an act of grandstanding. A city can no more ban industrial activity than it can prohibit strip clubs.

Better that council restrict drilling through zoning than pass a ban that is doomed in court.