Wednesday, December 30, 2015

EQT Wins Procedural Ruling Against DEP On Setting Penalties

The Pittsburgh Post-Gazette reported Wednesday EQT drilling won a procedural ruling from the PA Supreme Court saying the company did not have to exhaust its administrative remedies before challenging a $4.5 million penalty levied by DEP in 2014 in court.
The Supreme Court reversed a Commonwealth Court ruling on the issue and returns the case to that court for a full hearing.
EQT filed the lawsuit opposing the fundamental principle DEP uses in calculating penalties for violations of environmental laws so each day a violation occurs and contamination is spreading is a separate penalty.
DEP fined EQT for allowing drilling waste fluids to leak through a holding pond liner in Tioga County.
A copy of the opinion is available online.
EQT Wins Procedural Ruling Against DEP In Setting Penalty

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