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Onorato says 'legal issues' could block natural-gas referendum

Allegheny County Executive Dan Onorato on Wednesday became the latest to raise legal concerns about the city's proposed referendum on natural gas production, saying the issues may be serious enough to prevent the question from being placed on the November ballot.

Mr. Onorato said county lawyers and elections officials are reviewing legislation authorizing the referendum -- a bill Pittsburgh City Council passed Monday despite objections from the city's own law department.

"Their preliminary review indicates significant legal issues that would prevent the elections department from placing the question on the ballot," Mr. Onorato said in a statement. "While the law and elections departments have only conducted a cursory review thus far, I have serious concerns over the legality of placing this referendum on the ballot. I look forward to receiving their formal analysis."

Mr. Onorato provided no specifics about his legal concerns, and he wasn't available for additional comment. His spokeswoman, Judi McNeil, said she couldn't provide details about the legal concerns.

The development came on the second day of council's annual August recess.

City Councilman Doug Shields, the referendum's sponsor, said he isn't surprised Mr. Onorato is "looking for any legal means possible" to prevent a referendum. He noted that Mr. Onorato has expressed support for the gas industry.

City Council President Darlene Harris, a referendum supporter, said she sees no legal problem in letting the public's voice be heard on an important issue.

The referendum would ask city voters whether they want to amend the city's home-rule charter to adopt a "community bill of rights" that bans gas production.

Council enacted a gas-production ban in November. Incorporating the ban into the charter, however, would make it more difficult for future councils to rescind it.

Mr. Shields' critics questioned the legality of the November ban and raised similar objections to the proposed referendum, including the sweeping assertions about natural rights and self-government that would be included in the "community bill of rights."

In a memo last week, city lawyers cited various legal flaws and concluded that a charter amendment banning gas production would be "invalid and unenforceable."

Among other problems, the city law department said the proposed charter amendment would conflict with state laws that permit gas production and potentially "strips corporations of their rights as 'persons' under the Constitution." City lawyers also said residents denied the right to lease mineral rights could sue the city for lost royalties.

Allegheny County Car Cruises «

This list is far too long to post in its entirety on my blog, but I wanted to share the resource with you so you can check out the site for yourself.

Follow the link to see a list of car cruises in Allegheny County – all happening throughout the month of August. They’re family-friendly and a lot of fun.

Allegheny County Car Cruises

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