Welcome to the Pennsylvania Citizens’ Toolkit Resources
With the ever expanding oil and gas operations in our region, citizens, advocacy groups, and elected officials seem to have more questions than answers. And, because so much of this industrial development is new to most communities, finding facts on the operations and the permitting approval processes can seem daunting. In an effort to help educate, inform, and guide citizens through the basic components of the process, the Environmental Integrity Project (EIP) is developing a Citizens’ Toolkit. This informational toolkit provides descriptions of key portions the public notification and participation requirements, as well as fact sheets and example templates, so that citizens and decision makers can better prepare themselves.
- Check out EIP’s June 2023 report, “The Right To Say Where,” for insight into how municipal governments in Pennsylvania are using their authority with respect to the zoning and approval of oil and gas uses across the state.
The Golden Rules: As citizens educate themselves on oil and gas operations and local oversight issues, engagement with local elected officials and reviewing bodies or boards is key. In order to achieve effective engagement, citizens should strive to become reliable sources of factual resources by using the following methods of presenting facts, asking questions and seeking important updates and changes at all levels of government.
- State the facts– using documents, reports or other factual resources, citizens should base their oral and written presentations on materials obtained via publicly accessible documents, news stories/reports and other objective resources. It is important, when and where possible, for citizens to base their comments on company documents provided as part of the application process so that specifics about the proposed project can be referenced. For example, permit applications, along with the accompanying correspondence submitted for review, provide important insights into what a company may be seeking. There is a treasure trove of publicly available documents, if you know where to look for them and how to ask to obtain access to them. See PA Right to Know Law tool section of the Citizens’ Toolkit for more information.
- Ask questions– if full disclosure of pertinent facts are not available via the means outlined above, citizens can and should pose questions to decision makers. Questions can be submitted in writing or included as part of oral comments or testimony as part of the various meeting/hearing opportunities described throughout the Citizens’ Toolkit. The most effective questions are based on facts, and not just speculation or opinions. See Public Meetings/Public Hearings tool section of the Citizens’ Toolkit for more information.
- State your opinions– opinions can be included as part of citizen participation in meetings, hearings or other public comment opportunities. However, it is important to note that passion and emotion alone, are not enough. It is essential that personal opinions or accounts include references to hard facts. Be mindful that stating opinions does not mean citizens can accuse anyone or any company of a misdeed and doing so usually is counterproductive. Use your opinions wisely. See Public Meetings/Public Hearings tool section of the Citizens’ Toolkit for more information.
EIP continues to add educational resources into our Citizens’ Toolkit. Currently included in the toolkit are the following sections:
- Welcome to the Pennsylvania Citizens’ Toolkit
- Golden Rules of Communicating
- Local Government Organization Chart
- Quick Reference Guide to Municipal Government and Responsibilities – including valuable links to a mainstay for local governing requirements, PA Municipalities Planning Code (MPC)
- An Overview of Municipal Zoning Authority and Oil & Gas Operations – Our two zoning reports provide information about the rights and responsibilities of municipalities, identify the “Top Ten” most important zoning protections related to oil and gas uses, analyze and summarize the ordinances of more than fifty municipalities, and compare the ordinances to determine which municipalities are most protective.
- In 2020, the Environmental Integrity Project (EIP) issued a guide that reviewed and compared the zoning laws and actions of 31 municipalities, primarily in western Pennsylvania.
A Right to Clean Air and Pure Water - Our 2023 edition covers 24 additional municipalities, including several that have been directly impacted by large pipeline projects.
A Right to Say Where
Together, these two reports aim to provide Pennsylvania residents with information to better understand their rights, as well as the responsibilities of the local officials charged with representing their interests. In short, local residents and officials can help determine where oil and gas activities are allowed and ensure that core safeguards are in place for these operations. Municipal governments are on the “front lines” of land use decisions affecting their communities and the lives of residents. Municipal zoning authority is based on directives from the PA MPC and takes two primary forms. First, the enactment and revision of zoning ordinances defines and limits uses to specific locations within a municipality and under specific circumstances. Second, under the ordinance, land uses may be permitted as conditional uses or special exceptions, which require public hearings and approval. Together, this authority allows Pennsylvania communities to determine where and under what conditions land development can occur within the municipality.
Act 14 Municipal Notification Letter Tool: important notifications that signal oil and gas development may be coming to your community
- What the letters are – how they are received – timelines associated with them
- How to ensure local government officials and citizens understand the importance of these notification letters
- Template language local officials can use to open lines of communication with the Pennsylvania Department of Environmental Protection (PADEP)
- In 2020, the Environmental Integrity Project (EIP) issued a guide that reviewed and compared the zoning laws and actions of 31 municipalities, primarily in western Pennsylvania.
- Local Application Process – Complete and Fully Transparent Submissions are a Must
- Facts do Matter – PA Right to Know Law tool:
- Public access to documents submitted by oil and gas companies
- How to submit a Right to Know request (local, county, and state)
- What records are considered “public”
- What to do if citizens have questions or concerns
- How to Write a Letter to the Editor
- How to Document and Report a Problem
- PA Sunshine Law
- What it means for public notification, public meetings, and public participation
- What it means for citizens’ rights to attend, participate, and record meetings
- What it means for public officials and how governmental procedures are to be conducted
- Public Meetings – helping the public understand the rules, what to listen for and how best to engage
- Public Hearings – understanding and participating in these important proceedings
- How to Prepare My Testimony
- Questions to Ask Before Signing a Gas Lease
- Questions and Procedures Local Government Officials Should Consider Before Granting Project Approvals
The Citizens’ Toolkit is the start of important resources, designed to help level the playing field for those hoping to become engaged in the application, review, and permitting processes for the oil and gas operations. EIP will update the tools and resources, as warranted.
It is our hope these tools will provide some clarity and a roadmap, of sorts, in an effort to ensure more public transparency, fact-checking and participation.
We look forward to working with you as, together, we seek accountability and transparency.
Welcome to the Pennsylvania Citizens’ Toolkit
With the ever expanding oil and gas operations in our region, citizens, advocacy groups and elected officials seem to have more questions than answers. And, because so much of this industrial development is new to most communities, finding facts on the operations and the permitting approval processes can seem daunting. In an effort to help educate, inform and guide citizens through the basic components of the process, the Environmental Integrity Project (EIP) is developing a Citizens’ Toolkit. This informational toolkit provides descriptions of key portions the public notification and participation requirements, as well as provides fact sheets and example templates, so that citizens and decision makers can better prepare themselves.
Link to the full PA Citizens’ Toolkit Resources: Welcome to the Citizens’ Toolkit
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The Golden Rules of Communicating
As citizens educate themselves on oil and gas operations and local oversight issues, engagement with local elected officials and reviewing bodies or boards is key. In order to achieve effective engagement, citizens should strive to become reliable sources of factual resources by using the following methods of presenting facts, asking questions and seeking important updates and changes at all levels of government.
For more information: Golden Rules of Communicating
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Local Government Organization Chart
In order for citizens to effectively participate in local proceedings, it is important to understand how local government is organized and what power resides within each portion of decision making. This organization chart provides an overview of local government structure along with valuable links to other factual resources.
For more information: Local Government Organization Chart
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Quick Reference Guide to Municipal Government and Responsibilities
There are multiple rules and regulations that play a role in the decision making capacity of local governments. In order to effectively engage decision makers, it is essential that residents and advocates understand the rules, regulations and responsibilities of local officials.
Knowing how to “speak the language” of local government is key to ensuring that proper procedures are adhered to and necessary protections are instituted.
The following is a guide to some of the most important documents local government officials use in their roles as either appointed or elected officials. Each section includes color notations indicating the relevant legal authority. By following the color codes, citizens can easily find the reference materials associated with key provisions of the guiding documents used by local governmental bodies, their staff members, and consultants.
For more information: Quick Reference Guide to Municipal Government
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Act 14 Municipal Notification Letters
Companies applying for permit approval from the state must send letters to the host municipality announcing plans to submit an application to PA DEP for permitting operations. The following letters give you an idea of what you may find in the letters and also include tips on what to look for.
Letter #1
Letter #2
Letter #3
Letter #4
Letter #5
Letter #6
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Local Application Process – Complete and Fully Transparent Submissions are a Must
In an effort to ensure full disclosure of the entirety of each proposed oil and gas operation, so that local decision makers can make lawful – and the best – decisions for their communities, Townships/Boroughs should consider adopting the following requirements:
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- Step one – Completeness Review: How local officials can and should adopt an application review process that is consistent with the process used by the Pennsylvania Department of Environmental Protection (PA DEP).
- Step two – Technical Review and Conditional Use Procedures: How using this two-step process, local government officials can ensure that all required submittals have been received so that all applicable Boards/Commissions/Councils can consider a complete application package and render their decision on all the facts and not just incomplete or partial submittals.
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For more information: “Local Application Process”
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PA Right to Know Law Tool
Facts matter – so there is power in public files. Having access to actual company documents, reports, and correspondence with the overseeing regulatory agency is an important way to level the playing field. Company documents will reveal specific details about the proposed operation and its location, as well as provide key pieces of information about pollution sources and other factual details. Submitting comments, preparing testimony, or participating in open Question and Answer sessions can be made much stronger when facts from actual company documents can be called into question.
For more information about accessing public documents: “Facts Do Matter – The Power of Public Files”
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How to Write a Letter to the Editor
Your opinion matters and you should consider voicing your concerns publicly. Writing a Letter to the
Editor at your local or regional newspaper provides an outlet for elected officials, regulators, and the public to consider important, personal viewpoints on proposed projects, existing operations, and proposed expansions of facilities in your community, in the region, and throughout the state.
See more details: “How to Write a Letter to the Editor”
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How to Document and Report a Problem
You are the eyes and ears of the community. What you see, hear, smell, and feel is important.
If you see something that might indicate an emergency – like a spill of fluids in or around your property, a strong chemical smell, or a flaring event – it is important to report those incidents to the appropriate agency.
For more information: “How to Document and Report Problems”
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PA Sunshine Law
- What it means for public notification, public meetings, and public participation
- What it means for citizens’ rights to attend, participate, and record meetings
- What it means for public officials and how governmental procedures are to be conducted
For more information: PA Sunshine Law
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Public Meetings
You are the eyes and ears of your community. All decisions facing your elected and appointed boards could have an impact on you, your family, your property, and your community. You can and should be part of that democratic process, particularly when it comes to rapidly expanding oil and gas operations. By knowing the rules and participating in the process, your involvement can serve a vital purpose: to ensure full transparency and disclosure of all the facts as well as hold all elected officials to the rules governing public notice, participation, and all other aspects of local decision-making.
For more information: Public Meetings Fact Sheet
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Public Hearings: Understanding the Rules for Participation
A public hearing is a formal proceeding held in order to receive testimony from all interested parties – including the general public – on a proposed issue or action. Providing oral or written testimony as part of an official public hearing is an important opportunity for your voice to be heard before a decision is made. Whether you choose to provide testimony, or not, attending a public hearing can also provide important information on the issue/application that is the subject of the hearing. Listening to others comments/concerns can provide clarity on the issue being considered. Hearings are important venues but there are very strict ground rules. Learn more about how to effectively engage during these important proceedings.
For more information: Public Hearings
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How to Prepare My Testimony
Public hearings are key windows of opportunity for your voice to be heard by decision makers at all levels of government: local, county, state and federal. There are ground rules for participating in hearings including a strict time limit. This fact sheet will provide a guide to how you can best prepare to participate in a public hearing.
For more information: “How to Prepare My Testimony”
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Questions to Ask Before Signing a Gas Lease
It is important to note that no one portion of an oil and gas operation is a stand-alone feature: from well pads to processing plants, there is a highly industrialized web of infrastructure needed to support the entirety of the operation. However, far too often, industry does not completely disclose the full capacity buildout of their planned operations so asking for more details and disclosures is essential. Having a fuller picture of exactly what might be planned for your property and your community is important.
For more information: “Questions to Ask Before Signing a Gas Lease”
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Questions and Procedures Local Government Officials Should Consider Before Granting Project Approval
As oil and gas development expands into suburban communities, it is important that citizens and local leaders have the opportunity to fully review ALL the facts associated with any proposed project. In some cases, communities are facing these industrial proposals for the first time – and for some, it is unclear where to begin and what questions to ask.
In an effort to assist local communities as they contemplate these proposed projects, the following information provides important facts along with guidance on how community leaders might consider establishing protocols to ensure more transparency and accountability from each applicant.
Most important: before any time clocks are started, industrial applicants must be required to submit their entire plans for any proposed project.
For more information: Questions and Procedures Local Government Should Consider
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Roadmap to Oil and Gas Protections Webinar
A fall 2020 series of Webinar presentations entitled, Roadmap to Oil and Gas Protections, resulted in over 1,440 viewings by citizens, community advocates and elected officials.
Local land use rules are an essential authority of local government and have been underscored, multiple times, by the PA Supreme Court. And yet, there remain some local communities that have woefully outdated – or even some without any – oil and gas ordinances. The series was provided as a service to assist citizens, advocates and elected officials in better understanding the important role of land use zoning rules. The series featured the following speakers and topics:
- Lisa Graves Marcucci, EIP along with advocates from Moms Clean Air Force and Food & Water Watch, PA shared lessons learned and fact-based research, local citizen teams can educate themselves on how to effectively engage with local government officials. https://fwwatch.zoom.us/rec/play/QluAl24mTC4AiDdIgu2p3K08gmDYoyFZpY0V31b_Ih3EwFF0R71zTf5SksOK284-ODFqsMRtPZBjBANU.6jIow1WZVspE04jo
- Attorney John Smith was the keynote speaker of session two – sharing first-hand accounts of the legal essentials that have paved the way for ensuring local land use protections. Attorney John Smith the lead attorney successfully argued twice before the Pennsylvania Supreme Court on behalf of Pennsylvania local municipalities in the landmark case Robinson Township vs. Commonwealth. As a result, the Pennsylvania Supreme Court found several provisions of Act 13, the Pennsylvania Oil and Gas Act of 2012, unconstitutional, returning zoning rights back to the peoples’ respective local governments. https://fwwatch.zoom.us/rec/play/9SWIik6NzbZl5wgQPoHWqZsmJMytQ9ZCCmwsH5pd6d4e-08c_HhMO9limyo7aArhB7hYw6wT3FhsMhct.CGHthrbBj8vok0cs
- The concluding session included citizens from three western Pennsylvania communities that have successfully engaged with local officials on land use and oil and gas ordinance issues. https://www.facebook.com/momscleanairforce/videos/394190038287810
- This map detailing the oil and gas buildout in Economy Borough and New Sewickley Township clearly illustrates how oil and gas infrastructure can infiltrate a community without proper protections and limitations.
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Questions or Comments
If you have questions about the resources above, the permitting process, or just want to share your own insight or stories, please contact us through the form below.