PA Court Dismisses
Appeal in Well Water Contamination Case
On October 26, 2016, the
Commonwealth Court of Pennsylvania affirmed the PA Environmental Hearing
Board’s decision to dismiss Loren Kiskadden’s appeal. (Kiskadden v. Pennsylvania DEP 1167 c.d. 2015) Kiskadden
originally filed a complaint with the DEP alleging that the nearby Yeager Site
was the cause of contamination in his water well. The Yeager Site is “a
centralized impoundment for the storage of gas well related waters, a drill
cuttings pit, and a mud processing pit, as well as three unconventional gas
wells…” and is owned by Range Resources-Appalachia, LLC. The court concluded
that the Board’s findings were “supported by substantial evidence” and
Kiskadden did not prove by a preponderance of the evidence that the water
contamination was caused by the Yeager Site.
Hearing Held on New
Pennsylvania Shale Gas Drilling Regulations
On October 26, 2016, the
Marcellus Shale Coalition and the PA Department of Environmental Protection
argued in front of a Commonwealth Court judge in regards to the new drilling
regulations that went into effect October 8th. (25
PA. CODE CHS. 78 AND 78a) According to
PowerSource, the Marcellus Shale Coalition argued that the
regulations “inherently violate current law and cause immediate harm to its
members…” Meanwhile, DEP deputy secretary Scott Perry testified to the “length
and depth of the process” used to create the new regulations.
DEP Announces Civil
Penalty against JKLM Energy for Water Contamination
On October 24, 2016, the
PA Department of Environmental Protection announced a $472,317 civil penalty
against JKLM Energy for damage caused in Potter County. While drilling a
natural gas well in September, the drill bit became stuck and JKLM used an
unapproved lubricant in attempt to retrieve the drill bit. The unapproved
lubricant migrated to groundwater sources, included six private water wells.
JKLM will also pay $100,000 for a Community Environmental project that will
monitor Potter County public water supplies.
US Appeals Court Affirms
District Court’s Denial of Drilling Injunction
The U.S. Court of
Appeals for the 10th Circuit issued an opinion October 27,
2016, affirming the district court’s decision to allow for continued oil and
gas permitting in the Chaco Canyon area. Several environmental groups filed
suit in March 2015 under the National Environmental Policy Act. The district
court denied the groups’ motion for preliminary injunction, holding that
“Plaintiffs were not likely to succeed on the merits of their claims...” The
Court of Appeals affirmed the decision holding that the lower court did not
abuse their discretion in denying the injunction.
New Brief Deadline
Schedule for Clean Air Act Case
On October 25, 2016, the
U.S. Court of Appeals for the Sixth Circuit issued a revised schedule for
Murray Energy Corp. v. U.S. EPA brief deadlines,
according to Greenwire. The case was filed as an objection to the coal-fired
power plant emission standards in the EPA’s Clean Air Act. Initial proof briefs
on the merits must be submitted by Murray Energy Corp. on or before November
1st. The EPA and other responding agencies will have until January 18 to submit
their proof brief in response.
New Power Plant in
Bradford County to Use Marcellus Gas
A ribbon cutting ceremony was held October 27, 2016, for the new Panda Liberty Power Plant. The new
power plant is unique because it is the
first power plant in Pennsylvania that will be fueled directly with gas from
the Marcellus shale formation. Located in Bradford County, the 829
Megawatt plant will use air rather than water to keep cool, making it more
energy efficient.
Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive ShaleLaw HotLinks
Recent ShaleLaw HotLinks
include:
Marcellus Shale Power Plant Commissioned
in Bradford County -
StateImpactPA
Amish Oppose Use of Drilling ‘Brine’
Wastewater on Roads -
PittsburghPG
Three 5.0 Quakes Since 2011 Make Up 2/3 of Oklahoma’s Seismic
Energy; ‘Pressure Pulse’ May Trigger Another Large One – Tulsa World
PA Gas Royalties Bill Likely Dead This Session – StateImpact
Written by Jacqueline Schweichler - Education Programs Coordinator
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