Drillers Win Procedural Ruling On Challenge To DEP Review Of Permits For Impacts On Public Resources

Commonwealth Court Tuesday ruled the Department of Environmental Protection does have to file responses to a challenge from the PA Independent Oil and Gas Association challenging DEP right to review conventional oil and gas drilling permits for their impacts on rare and endangered species, parks, drinking water supplies and other public resources.

PIOGA asked the Court to prohibit DEP from enforcing Section 7541(a) of Act 13 because the PA Supreme Court had enjoined the application of that provision in its Robinson Township v. Commonwealth decision in December 2013.

DEP had opposed PIOGA’s petition for review on the grounds the group lacked standing and other precedents for pre-enforcement review of regulatory provisions saying permit applicants had to exhaust the administrative remedies available to them before coming to Commonwealth Court.

The Court disagreed.  Visit Here for a copy of the Court opinion.