Seismic testing suit moving to federal court
WAYNESBURG – Geokinetics USA Inc. Wednesday withdrew a complaint filed with the Greene County Court seeking an order to allow it to conduct seismic testing in Center Township.
The company, however, is not ending its litigation against the township, but instead has chosen to file the complaint in federal court in Pittsburgh, said Geokinetics attorney Kevin Gormly.
The company claims it had approached the township about testing in January and the township’s response was to adopt an ordinance in April that effectively prevented it from conducting seismic testing in the township.
Geokinetics is asking the court to declare the township’s ordinance regulating seismic testing invalid, claiming the ordinance is preempted by the state Oil and Gas Act and was not adopted in accordance with the township code.
The company further asked the court to declare it does not need the township’s approval to conduct seismic testing in the municipality.
The company had originally filed its complaint for declaratory and injunctive relief with the state’s Commonwealth Court, which determined it lacked jurisdiction and transferred the case Tuesday to the Greene County Court.