Pennsylvania Independent Oil & Gas Association General Counsel Kevin Moody today issued the following statement regarding the July 27th decision of the Third Circuit Court of Appeals denying intervention in PIOGA member Pennsylvania General Energy Company’s federal lawsuit against the “Community Bill of Rights” ordinance adopted by Grant Township, Indiana County:
“The federal appeals court decided that Magistrate Judge Baxter was correct to keep an environmental organization and an “ecosystem” out of PGE’s court proceeding because Grant Township is adequately defending the ordinance. This decision clears the way for Judge Baxter to decide the constitutional issues PIOGA believes are key to stopping these reckless efforts.
“PIOGA’s intervention in support of PGE was approved in October 2015. The appeals court’s decision is unremarkable, except for its treatment of the Little Mahoning Watershed ‘ecosystem’ that sought to intervene based solely on ‘rights’ granted by the ordinance being challenged. Proponents of these ‘superior local government’ ordinances and home rule charters touted the Little Mahoning Watershed’s intervention request as ‘the first motion by an ecosystem to intervene in a lawsuit.’Click here to continue reading.
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