Wilkinsburg Borough Council Adopts Community Rights Ordinance That Bans Gas Drilling

On July 20, 2011, the Borough Council of Wilkinsburg, Pennsylvania, by a unanimous vote, became the 4th community in Pennsylvania to adopt an ordinance that prohibits natural gas extraction.

The bill, drafted in consultation with the Legal Defense Fund, is titled “Wilkinsburg Borough’s Community Protection from Natural Gas Extraction Ordinance.” It establishes specific rights of Borough residents, including the Right to Water, the Rights of Natural Communities, the Right to a Sustainable Energy Future, and the Right to Community Self-Government.  

The key prohibition enacted to protect the rights enumerated states: “It shall be unlawful for any corporation to engage in the extraction of natural gas within Wilkinsburg Borough, with the exception of gas wells installed and operating at the time of enactment of this Ordinance.”

The ordinance goes on to assert: “Corporations in violation of the prohibition against natural gas extraction, or seeking to engage in natural gas extraction shall not have the rights of “persons” afforded by the United States and Pennsylvania Constitutions, nor shall those corporations be afforded rights under the 1st or 5th amendments to the United States Constitution or corresponding sections of the Pennsylvania Constitution, nor shall those corporations be afforded the protections of the commerce or contracts clauses within the United States Constitution or corresponding sections of the Pennsylvania Constitution.”

The bill also recognizes the right of the people to a form of government where they live “which recognizes that all power is inherent in the people, that all free governments are founded on the people’s authority and consent, and that neither individuals nor corporate entities and their directors and managers shall enjoy special privileges or powers under the color of state law which purports to make community majorities subordinate to them.”

The bill was modeled after the Ordinance drafted by the Legal Defense Fund and adopted on November 16th of last year by the City of Pittsburgh, Pennsylvania. West Homestead Borough adopted a similar Ordinance on May 10th, followed by Baldwin Borough on June 21st. Both municipalities are in Allegheny County, Pennsylvania. Mountain Lake Park, Maryland adopted the Community Rights gas drilling ban on March 6th of this year, and Wales, New York did so on June 14th, 2011.