PA Environment Digest Blog: Cecil Twp. Zoning Hearing Board Dismisses Range Resources Validity Challenge To 2,500 Foot Setback Ordinance For Shale Gas Wells In Washington County

Friday, June 20, 2025

Cecil Twp. Zoning Hearing Board Dismisses Range Resources Validity Challenge To 2,500 Foot Setback Ordinance For Shale Gas Wells In Washington County

On June 16, Cecil Township Supervisor Cindy Fisher announced in a Facebook post that “Cecil Township’s Zoning Hearing Board voted 2-0 to dismiss Range Resources substantive validity challenge. They ruled that they did not have standing and the case was not ripe.”

She added, “Our Oil and Gas Ordinance stands as written for now.”

Range Resources, the primary shale gas driller in the Township with existing drill pads, argued, among other things, that the Township ordinance would prevent them from drilling wells in the Township.

The vote was 2 to 0 because of Range Resources challenges to Board members and member recusals from the proceeding.

No word yet on any appeal by Range Resources.

A Findings of Fact, Conclusions of Law and Adjudication Documents was also adopted by the Zoning Hearing Board laying out the facts and conclusions in the case, according to the Board.

The Board concluded--

-- “[Range Resources] has not demonstrated that either the 2024 Ordinance and/or the 2025 Ordinance prohibits or restricts the use or development of land in which Range has an interest…” “

-- “Because neither the 2024 Ordinance nor the 2025 Ordinance were ever applied to Range, Range lacks standing to challenge the validity of the ordinances.”

-- “Neither Ordinance, on their face, excludes well pads or oil and gas development.”

-- “The impact of the Ordinances on Range are purely hypothetical, inasmuch as Range is not directly affected until it is prevented from doing something that it wants to do.”

-- “Because the impacts of the Ordinances on Range are purely hypothetical (i.e. the Ordinances have not been applied to Range and there has been no threat of enforcement), the issues before the Board are not adequately developed for review.”

-- “Because the Board has determined that Range does not have standing to file the Application and that the issues set forth in the Application are not ripe, it declines to rule on the other issues presented, including, but not limited to, whether the enactment of the 2025 Ordinance rendering the Application moot or whether Range carried its burden in demonstrating that the 2024 Ordinance and the 2025 Ordinance exclude a lawful use from the Township.”

The Zoning Hearing Board held hearings and heard arguments on the Range Resources challenge January 20, February 17, April 21 and June 12.

Background

In November 2024, Cecil Township Supervisors adopted an ordinance requiring a 2,500 foot setback from homes and businesses and a 5,000 foot setback from hospitals and schools from shale gas wells. Read more here.

The 25-page ordinance also gives property owners the ability to waive the setback, however, all property owners within the 2,500 foot setback must agree to a waiver.

The minimum setback in state law and regulations is 500 feet from a shale gas wellhead.

In January both Range Resources Appalachia LLC and MarkWest Liberty Midstream filed two different legal challenges to the ordinance. Read more here.

MarkWest filed a challenge in Washington County Court and Range Resources filed a Substantive Validity Challenge before the Cecil Township Zoning Hearing Board.

Senate Republicans Vote To Punish Communities

On May 7, Republicans on the Senate Environmental Resources and Energy Committee voted to report out legislation to punish communities taking steps to protect their residents from the health and environmental impacts of shale gas drilling by withholding Act 13 drilling impact fees.

The legislation was prompted by an ordinance adopted by Cecil Township in Washington County that establishes a 2,500 setback from shale gas well pads. The current minimum setback in state law and regulations is 500 feet from a well bore. Read more here.

Sen. Camera Bartolotta (R-Washington) represents Cecil Township in the state Senate.

(Photos: top- Range Resources Augustine Drill Pad in Cecil Township; Augustine Drill Pad showing scale of operation; bottom- Map of Shale gas wells (red dots), conventional oil and gas wells (blue/green dots) in Cecil Township (DEP Oil & Gas Program); 523 feet from nearest house; Well pad gas flare from bedroom window near Augustine well pad (WTAE). Other photos Courtesy of The Energy Age Blog.)

Resource Links:

-- Cecil Township Supervisors In Washington County Adopt 2,500 Setback From Shale Gas Well Pads From Homes, Businesses, 5,000 Foot Setback From Hospitals, Schools [11.5.24]

-- Range Resources And MarkWest Liberty Midstream File Legal Challenges To The 2,500 Foot Shale Gas Facility Setback Ordinance Adopted By Cecil Township, Washington County [1.28.25]

-- Cecil Township Supervisors Direct Solicitor To Prepare Ordinance Increasing Setbacks From Shale Gas Well Pads By At Least 2,500 Feet; Another Hearing, Vote Expected Nov. 4 [9.9.24] [Hearing Summary]

-- PA Senate Republicans Vote To Punish Communities Taking Steps To Protect Their Residents From Health, Environmental Impacts Of Shale Gas Drilling [5.7.25]

PA Oil & Gas Industry Public Notice Dashboards:

-- PA Oil & Gas Industrial Facilities: Permit Notices, Opportunities To Comment - June 21 [PaEN]

-- DEP Posted 60 Pages Of Permit-Related Notices In June 21 PA Bulletin [PaEN]