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RANGE RESOURCES-APPALACHIA, LLC v. SALEM TP.

No. 29 WAP 2008.

964 A.2d 869 (2009)

RANGE RESOURCES-APPALACHIA, LLC (formerly Great Lakes Energy Partners), Penneco Oil Company, CB Energy, Inc., and Independent Oil and Gas Association of Pennsylvania, Appellees v. SALEM TOWNSHIP, Commonwealth of Pennsylvania, Appellant.

Supreme Court of Pennsylvania.

Decided February 19, 2009.

Attorney(s) appearing for the Case

Gary A. Falatovich, Greenburg, for Salem Tp., appellant.

Thomas L. Wenger, Wix, Wenger & Weidner, P.C., Harrisburg, for PA State Ass'n of Tp. Sup'rs, appellant amicus curiae.

Jordan Berson Yeager, Doylestown, Curtin & Heefner, L.L.P., Morrisville; Elizabeth Koniers Brown, Pittsburgh, for Nockamixon Tp., et al., appellant amicus curiae.

Walter A. Bunt, Jr., George A. Bibikos, Michael James Ross, K&L Gates, L.L.P., Pittsburgh, for Range Resources, CB Energy, Independent Oil and Gas Ass'n et al., appellees.

Aaron M. Kress, New Kensington, for Range Resources-Appalachia, LLC, et al, appellees.

Dennis A. Whitaker, Harrisburg, Susan P. Shinkman, Pittsburgh, PA Dept. of Environmental Protection, for Dept. of Environmental Protection, appellee amicus curiae.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY and GREENSPAN, JJ.

OPINION

Justice SAYLOR.

The primary question raised in this appeal by allowance pertains to the preemptive scope of Pennsylvania's Oil and Gas Act. As such, this decision is issued in conjunction with our disposition in Huntley & Huntley, Inc. v. Borough Council of the Borough of Oakmont, ___ Pa. ___, 964 A.2d 855, 2009 WL 413723 (2009), which also addresses the same issue within the context of a somewhat...

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