Pittsburgh Moves Aahead with Controversial Gas Drilling Ban

Pittsburgh Post-Gazette
10 November 2010
By Joe Smydo

Pittsburgh City Council gave preliminary approval Tuesday to a ban on natural gas drilling in the city, with members saying they're ready to defend it in a possible legal fight with Marcellus Shale producers.

Citing concerns about drilling explosions and pollution, council voted 8-0 for a controversial bill that Councilman Doug Shields introduced in August. Supporters predicted that council's action will encourage other communities to defy the gas industry.

"I can't vote any other way," council President Darlene Harris said.

The Marcellus Shale Coalition, a Cecil-based trade group that previously predicted the city would have a difficult time preventing property owners from developing their mineral rights, expressed disappointment.

"Councilman Shields' resolution -- with questionable legal authority -- and his desire to deny private property owners their fundamental rights unfortunately discount the overwhelmingly positive and profound economic impact that responsible clean-burning shale gas development continues to have for our region and its work force," the coalition said in a statement.

Councilman Ricky Burgess was not in council chambers when the vote was taken and had not registered a vote by Tuesday afternoon. All other members voted for the ban.

The preliminary vote, to be followed by a final vote Tuesday, was welcomed by Marcellus Shale opponents.

"It's like a beacon," Lawrenceville resident Gloria Forouzan said, contending that other communities will follow Pittsburgh's lead. "I think it's building a lot of momentum."

Ben Price, who helped craft Mr. Shields' legislation as projects director for the Franklin County-based Community Environmental Legal Defense Fund, said that within hours of the vote he'd spoken with gas opponents in three other municipalities interested in enacting their own bans.

"We've got quite a number of municipalities in the state that are exploring this, looking at it. I think with Pittsburgh taking the lead like this, it will inspire others," Mr. Price said.

He said the proposed ban has a "local bill of rights" asserting that city residents can exclude drilling from their neighborhoods, no matter what rights are conferred on corporations by other levels of government.

Mr. Price's organization a few years ago helped Blaine, Washington County, enact a ban against fossil-fuel development. A federal court struck down the ordinance.

Both the gas industry and its critics have stepped up their public relations efforts in recent months, the former with a series of radio and TV ads extolling the economic benefits of gas drilling and the latter with critical news releases and a Nov. 3 anti-drilling rally Downtown.

Mr. Shields said he's not only concerned with environmental problems but with the gas industry's belief that it can "come into the city of Pittsburgh willy-nilly and run roughshod" over critics. He said a legal challenge to his bill might provide valuable scrutiny of the industry.

"I'd love to have some discovery here," he said.

Councilman Bruce Kraus also said he's willing to risk a legal fight.

"I am not about to gamble with some of the most basic human rights people possess -- clean air and clean water, safe environments in which to live and raise families," Mr. Kraus said.

Councilman Patrick Dowd voted for the bill, even though he previously introduced legislation to restrict, not ban, gas production. Mrs. Harris said Mr. Dowd's bill can be the city's backup plan if a ban "doesn't work."

Joe Smydo: jsmydo@post-gazette.com or 412-263-1548.