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Highland Township (USA) Ordinance: hydraulic fracturing ban, community rights and rights of nature

Pennsylvania, USA
Failed in 2016
Local
Legislation
Rights Of Nature
Natural Communities and Ecosystems ("including but not limited to wetlands, streams, rivers, and aquifers")
All Nature, Freshwater Ecosystem
CELDF and Residents
Civil Society, NGO

Summary

In 2013, Highland Township, Pennsylvania adopted a bill of rights ordinance banning hydraulic fracturing waste dumping and recognizing that natural communities and ecosystems “possess inalielable and fundamental rights to exist and flourish within Highland Township” and that residents and the municipality possess legal standing to enforce those rights on their behalf (2-3). However, the Pennsylvania Department of Environmental Protection challenged the law on the basis that it violated its right to regulate natural gas activity under the 2012 Oil and Gas Act. The judge ruled in favor of the department and the ordinance was overturned.

Suggested Citation:
Kauffman, Craig, Catherine Haas, Alex Putzer, Shrishtee Bajpai, Kelsey Leonard, Elizabeth Macpherson, Pamela Martin, Alessandro Pelizzon & Linda Sheehan. Eco Jurisprudence Monitor. V2. 2025. Distributed by the Eco Jurisprudence Monitor.https://ecojurisprudence.org/initiatives/highland-township-ordinance/.

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Legal Document

Highland Township Ordinance Banning
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Additional Resources

Article - Could the Ohio River have rights?
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CELDF Press release
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