ERIE — The federal lawsuit by Seneca Resources against Highland Township has been closed, leaving the township’s controversial, voter-approved home rule charter in tatters — but still in place.
The parts of the charter that dealt with oil and gas, and the township government’s purported oversight of it, were stripped by federal Magistrate Judge Susan Paradise Baxter in an opinion and order Sept. 29.
And Seneca withdrew its remaining counts, as well as its claims for damages, costs and counsel fees. The case is now closed.
Seneca spokesman Rob Boulware said, “As expected, Judge Baxter adopted the findings and conclusions made in her ruling on our motion for judgment on the pleadings.”
And, he added, “Seneca previously received final authorization from the (EPA) to begin operations” on the injection well at the root of the matter.
Highland Township’s attorney, Arthur Martinucci, said that while the court invalidated parts of the township’s charter, other parts are still in effect and the municipality will remain a home rule community.
“That opinion and order did not completely invalidate the Highland Township home rule charter, but it did invalidate a number of specific sections of the charter,” explained Martinucci.
“Specifically, sections 103 through 106, 109-110, 401, 404-411, and 501 have all been declared invalid, unenforceable, and unconstitutional,” he said via email to The Era. In general, those sections related to oil and gas operations within the township, including an attempt to ban injection wells and an attempt to override permits from the state and federal government allowing production activity within the township.
“Neither the township — whether you are looking at the current board of supervisors or a subsequent one — or any individual or group acting within the township can rely in any way on those sections, and anyone attempting to rely on them could very well be subjecting themselves to at least civil liability,” Martinucci said.
There are some provisions still in effect, the attorney explained.
Section 107 deals with fair and equal taxation, and section 108 with the right to public control of water supplies. Those, along with section 402, limitations on taxation, and 403, prohibiting the sale or lease of public water supplies to a non-governmental agency, are still in effect, Martinucci said.
Several articles “were untouched by the court’s decision, although several of the definitions in Article IX are of limited importance in light of the Court’s decision,” he explained. “This means that the court’s ruling does not interfere with the regular, day-to-day operations of the township, and that Highland Township is still a home rule community.”
