A Community Sues Over Marcellus Shale Drilling

The two sides in a legal battle over Marcellus Shale drilling have come to a settlement. The lawsuit started last November when Brockway Municipal Authority sued Flatirons Development to stop drilling on borough land. Emily Reddy went to Brockway in Jefferson County. She files this report for The Allegheny Front.

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The agreement reached by the two parties says if the drilling company pollutes or diminishes the municipal water supply, it must supply residents with drinking water within 24 hours. Commercial customers must receive clean water within 48 hours. The water for 2,200 customers comes from reservoirs and water wells on this mostly-forested land.

Brockway Municipal Authority owns the surface rights to the 4,000 acre parcel. But the natural gas drilling company has leased the rights to the minerals below. Pennsylvania law states the drilling company must be given access to the land.

But in the lawsuit, the municipality claimed the drilling, which started in the summer, was "unreasonable" and a "public nuisance" and wanted protections for its public water supply.

Local citizens formed the Brockway Area Clean Water Alliance to support the lawsuit. P.J. Piccirillo, president of the group says he's glad the lawsuit provides more protections, but he's still worried about contamination.

"There are no boundaries underground," says Piccirillo. "No one can tell us exactly what's going on with where water flows underground and how those aquifers work. So when they drill a hole over there, I don't know whether or not it's affecting this well."

The agreement also states Flatirons has to notify the municipality within an hour of a spill and can't store fracking fluids on site. For The Allegheny Front, I'm Emily Reddy.