PA Environment Digest Blog: Permits For Controversial CNX Resources Drakulic Shale Gas Wells Expire Potentially Ending Appeals; CNX Can Apply For New Permits Starting The Process All Over Again

On September 15, the citizen group Protect PT issued a statement saying permits for two controversial WCAA Upstream, LLC shale gas wells on the Drakulic pad expired on August 17, 2025 in Penn Township, Westmoreland County potentially resulting in appeals of the decision by DEP to issue the permits no longer moving forward.

WCAA (owned by CNX Resources) had until the well permits expired to start drilling, but they did not.

The Environmental Hearing Board upheld DEP’s issuance of the permits in a June 3, 2025 decision. Read more here.

However, both Protect PT and WCAA Upstream, LLC appealed the decision to Commonwealth Court for different reasons.

Protect PT has appealed the permits, citing dangers to local residents. Read more here.

These dangers include the lack of an evacuation plan for nearly 1,000 people living within a half mile and approximately 3,000 people living within a mile of the well, the proximity of the wells to both a daycare center and the Heritage Trail, and the likelihood of harmful chemical exposure to the local community through air and water, including an increased likelihood of transmission of harmful and unknown chemicals from the fracked wells to private water wells and existing conventional oil and gas wells.

WCAA Upstream (CNX) appealed the June 3 EHB decision because they objected to the Board adding conditions to the permit that would have allowed DEP to enforce compliance with the conditions of a federal court Consent Judgment the company had with Penn Township involving the wells.

While Protect PT supported the EHB’s attempt to protect the environment by adding provisions enforcing the Consent Judgment, they said the “conditions do not protect this densely populated area from the dangers of fracking wells.” Read more here.

Commonwealth Court must determine formally if the case is moot with the expiration of the permits.

Protect PT Statement

Protect PT issued this statement on the Drakulic permits--

“Ten years ago, neighbors said the Drakulic well pad was a done deal, but we have proved it is far from settled,” said Protect PT’s Executive Director, Gillian Graber.

Graber’s family and almost 1,000 other residents live within a half mile of the proposed site.

The ongoing litigation at the Commonwealth Court would have been able to settle matters once and for all as to whether the Department violated the law when it issued the Drakulic permits.

Instead, WCAA (CNX) could apply for entirely new permits to do the very same drilling and force community groups and local residents to restart the entire process of challenging these permits.

On September 12, 2025, the DEP moved for the Commonwealth Court to declare Protect PT’s pending appeal and associated history of litigation moot, as the permits in question no longer exist.

This would mean that if WCAA (CNX) reapplies for a permit at this site, none of the issues considered over the past 3 years would have any bearing on a new permit application, bringing the process of appealing these permits back to square one.

In a recent article in Positive Energy Hub, CNX ironically accuses Protect PT of “squandering taxpayer dollars and obstructing development and progress in local communities while forcing industry repeatedly to expend significant resources to defend such claims.”

CNX has and continues to waste taxpayer dollars by fumbling through the permitting process.

“It is ‘radically transparent’ that CNX would like to drain community resources while failing to comply with regulations by allowing these permits to expire while there is ongoing litigation the outcome of which could have protected the health and welfare of our community,” said Graber.

WCAA (CNX) may also wish for a second attempt to get new permits to avoid complying with protective conditions that the EHB added to the now-expired permits.

It is critical that the DEP makes it clear to WCAA (CNX) that they cannot abuse the legal process, drain community resources, and still expect to get new permits while failing to comply with regulations to maintain existing ones.

The DEP should stop similar future permits at the same site from being granted and forcing perpetual appeals, expirations, and new applications.

Protect PT is remaining vigilant in its opposition to the Drakulic well permits in order to protect the constitutional rights of the residents living near the site.

Protect PT will continue its work to organize area residents, educate them about the public health impacts of the Drakulic wells, and find a resolution that will stop these wells and keep fracking away from our local schools, homes, playgrounds, and places of worship for good.

Protect Penn-Trafford is a citizen's group working to ensure the safety, security, and quality of life from the effects of unconventional gas development in Penn-Trafford and surrounding communities in Westmoreland and Allegheny counties.

(Photo: Quest shale gas well pad showing silica dust, light and air pollution by Gillian Graber used as an example of impacts by Protect PT.)

Resource Links - CNX:

-- Protect PT Will Appeal EHB Decision To Allow CNX Resources To Drill Shale Gas Wells Just Hundreds Of Feet From Homes In Penn Twp., Westmoreland County [PaEN]

-- Protect PT: CNX Appeals EHB Decision Requiring DEP To Enforce Local Environmental Protection Settlement At The Drakulic Shale Gas Well Pad In Westmoreland County [PaEN]

-- CNX Resources Challenges Environmental Hearing Board Authority To Add Conditions To Permits For Shale Gas Wells At The Drakulic Well Pad In Penn Twp., Westmoreland County [PaEN]

-- Environmental Hearing Board Agrees There Is ‘Acute’ Danger In CNX Misusing A Deposition In An Appeal Before The Board To ‘Punish’ An Environmental Advocate For Her Advocacy Against CNX [PaEN]

-- DEP Issues Violations For Failing To Report How Waste Was Disposed Of Safely From 133 Conventional Oil & Gas Wells, Including 50 Owned By CNX Gas Company [PaEN]

PA Oil & Gas Industry Public Notice Dashboards:

-- PA Oil & Gas Weekly Compliance Dashboard - Sept. 13 to 19 - Pipeline Rupture At Gas Storage Area; Spill By DEP Plugging Contractor; Failure To Have Shale Gas Emergency, Spill Plans [PaEN]

-- PA Oil & Gas Industrial Facilities: Permit Notices, Opportunities To Comment - September 20 [PaEN]

-- DEP Posted 80 Pages Of Permit-Related Notices In September 20 PA Bulletin [PaEN]

-- In Case You Missed It: A.I./Data Center Articles & NewClips From Last Week - September 22 [PaEN]