Township of Marple v. Pennsylvania Public Utility Commission

The Pennsylvania Commonwealth Court affirmed the Pennsylvania Public Utility Commission’s opinion and order concluding that a natural gas “reliability station” in the Township of Marple would not pose an unusual safety risk, produce unreasonable noise levels, include air pollution sources with emissions exceeding federal and state standards, or violate any climate standards under the Commission’s jurisdiction and should be exempt from the Township's zoning ordinance. The court described the proposed project’s purpose as “to ensure adequate natural gas service in the event of extreme weather events and ‘other parameters.’” The court rejected the Township’s contentions that the Commission failed to conduct a “constitutionally sound environmental review” under the Pennsylvania Constitution’s Environmental Rights Amendment. The court stated that “[o]ur General Assembly has not chosen to enact an environmental policy statute”—i.e., a “little NEPA”—“and we may not impose one by judicial fiat.” The Commonwealth Court noted intervenors’ “greenhouse gas concerns with respect to leaks, downstream combustion, and alternatives” but said that “whether the use of natural gas ‘is wise or whether it is the best means to achieve the desired result are matters left to the legislature, and not the courts.’”