PA Environmental Defense Foundation Asks The PA Supreme Court To Overturn Lower Court Ruling Challenging DCNR's State Forest Plan Allowing Gas Drilling

On November 9, the PA Environmental Defense Foundation file a brief asking the PA Supreme Court to overturn a Commonwealth Court ruling dismissing a petition by PEDF challenging the State Forest Resources Management Plan adopted by DCNR because it allows the sale of natural gas resources which PEDF believes is not consistent with its trustee responsibilities under the state constitution’s Environmental Rights Amendment.  Read more here.

“PEDF is challenging the constitutionality of specific provisions in the 2016 SFRMP, including those that change the mission of DCNR by stating for the first time that leasing our State Forest and selling our oil and natural gas to generate revenue for general economic use by the Commonwealth is part of DCNR’s mission in managing our State Forests; and by stating that, in managing our State Forests, DCNR must balance the benefits of the natural ecosystem of our State Forest, and the constitutional rights of the people thereto, with the benefits from extraction and sale of oil and natural gas to generate revenue for the Commonwealth’s general economic use.

“PEDF is also seeking declarations that the 2016 SFRMP violated the ERA [Environmental Rights Amendment] by failing to explain how the degradation of over 600,000 acres of our State Forest currently available for oil and gas extraction will be prevented and remedied.”

“DCNR has become dependent on the revenue from the extraction and sale of State Forest oil and gas to pay for its annual operating budget over the past ten years. 

“Prior to 2009, DCNR’s annual operating budgets were funded through General Fund appropriations, but those appropriations have been replaced by appropriations of State Forest oil and gas lease revenue that remains part of the corpus of the State Forest trust assets under the ERA.

“The 2016 SFRMP allows the DCNR to formalize the existing practice of using oil and gas lease revenue to pay for its annual operations in lieu of General Fund appropriations.

In July, the PA Supreme Court ruled again on the funding issue declaring unconstitutional the transfer of monies derived from natural gas drilling in State Forests to the General Fund to balance the state budget and to fund DCNR operations. Read more here.

In August, the PA Environmental Defense Foundation petitioned Commonwealth Court asking for the return of $1.3 billion in State Forest drilling revenue to DCNR’s Oil and Gas Lease Fund in compliance with the July PA Supreme Court decision.  Read more here.

The brief filed November 9 in this related case challenging the State Forest Management Plan supports the efforts to enforce the Environmental Rights Amendment throughout DCNR operations and management.

Click Here for a copy of the brief.

For more information, visit the PA Environmental Defense Foundation website.

Related Article:

-- Commonwealth Court Dismisses Petition Asking DCNR To Follow The State’s Constitution In Adopting State Forest Management Plans; PEDF To Appeal

[Posted: November 12, 2021]  PA Environment Digest