On October 22, 2020, the East Pittsburgh Borough Zoning Hearing Board voted to affirm the Borough Council’s earlier decision to rescind approval for a natural gas well pad proposed on the U.S. Steel Edgar Thompson property, just outside the City of Pittsburgh.
Fair Shake Environmental Legal Services represents North Braddock Residents for Our Future and resident Chad Nicholson as Intervenors in Merrion’s Appeal. “The Zoning Board’s decision is a major win for residents of these communities who have objected to this development from the start” said attorney Ryan Hamilton. The 3-2 vote is the most recent development in a story that began in 2017 when the Borough granted New Mexico- based Merrion Oil and Gas their requested Conditional Use Approval.
According to the Board’s written Findings of Fact and Conclusions of Law, the Borough Council has authority to rescind a conditional use within two years if the use has not commenced. Exercising that authority, in January 2020, the Borough Council notified Merrion that its conditional use approval expired. Merrion quickly filed an appeal to the Zoning Board. The Board held two days of virtual hearings in June where the parties presented evidence and cross examined witnesses.
Ultimately, the Board found that as of January 21, 2020 Merrion did not have required DEP permits to start construction, did not request a building permit or occupancy permit for the site, and “[n]o oil and gas operations have commenced at the site.” Accordingly, the Board affirmed the Council’s decision to rescind Merrion’s zoning approval, noting that “failure to be familiar with the terms of the zoning ordinance do not excuse failure to comply with it.”
Edith Abeyta with North Braddock Residents for Our Future said, “"Merrion continues to hold a colonialist position regardless of their inability to comply with the law, their inability to correctly complete DEP permit applications, after more than two years and 11 deficiency letters, and the overwhelming resistance by the community to their proposed fracking activity. They believe they know what is best for the people who live here and are determined to extract resources from the community whether it is through the courts or from the land under our feet."
While the zoning board decision is a significant step towards halting Merrion’s plans to develop a well pad at the site, counsel for Merrion suggests they are likely to appeal resulting in a lengthy legal process with a yet to be determined outcome.
