PA Environment Digest Blog: Senate Environmental Committee Reports Independent Energy Information Office Bill; Democrats Attempt To Table Environmental Hearing Board Nominee

On December 12, the Senate Environmental Resources and Energy Committee reported out legislation to establish an Independent Energy Information Office by a party-line vote, Republicans supporting.

There was also a party-line vote on Paul Bruder, an environmental attorney with Mette, Evans, and Woodside nominated by Gov. Shapiro for the Environmental Hearing Board, after Democrats failed to Table the nomination.

Environmental Hearing Board nominee Mary Anne Wesdock was approved by the Committee unanimously.

Both nominees were confirmed by the full Senate for these positions on December 13.

Create Energy Information Office

Senate Bill 832 (Yaw-R-Lycoming) would establish the Independent Energy Information Office to provide “impartial, timely and data driven analysis to guide the state in determining and meeting future energy needs” modeled on the current Independent Fiscal Office.

Sen. Carolyn Comitta (D-Chester), Minority Chair of the Committee, said, “I will be voting no on this bill. I agree that Pennsylvania has a diverse energy portfolio, and that we need to foster growth in that diversity, especially in renewables.

“But I don't think that we need to create a separate office. DEP already has an Energy Programs Office and creating a separate energy office, one that would do a lot of the same work, would be costly, confusing, and redundant.

“Instead, let's work together to strengthen the resources that we already have through and with DEP. The administration is opposed to this bill, and I am also opposed, and I ask for a no vote.”

Sen. Gene Yaw (R-Lycoming), Majority Chair, responded by saying, “My only comment is that's exactly the same arguments that we heard when the Independent Fiscal Office was created about 10 years ago, and now that office has become an integral part of our state government, and if we tried to eliminate it, we would probably hear the same arguments about not eliminating it.”

The Committee amended the bill to provide the Office with access to data and reports in other agencies and reported it out on a party-line vote, Republicans supporting. It is now on the Senate Calendar for action.

EHB Nominee Paul Bruder

Sen. Comitta opened the discussion of the nomination of Paul Bruder by saying, “I can see that you have a very strong resume and a diverse resume, and I can understand why you have been nominated for this very important role of judge on the Environmental Hearing Board.

“However, in light of some recent additional information, I think it would be prudent, and I move to Table Mr. Bruder's nomination, so that we would have an opportunity for further conversations.

“I think it would be beneficial and fair to both the process and to the nominee to have that additional opportunity.”

The motion was defeated on a party-line vote, with Republicans opposing.

“In light of not having an opportunity to have what I think would be important and fair further conversations with you, I will have to be a no vote,” said Sen. Comitta. “That might not have been my final vote, so I regret this situation. But that is where I stand.”

Sen. Katie Muth (D-Chester) also expressed reservations about Bruder’s nomination saying, “There's no surprise, since you and I have discussed this, that I am unable to support your nomination.

“And I encourage some of the other people on this Committee to look at some of the statements you've made in your representative counsel about residents, about farmers, about people and their right to clean air and clean water.

“For those reasons as well, I'm unable to believe that you can represent as an Environmental Hearing Board judge without bias. And I, regretfully, can't support your nomination.”

Although the issue behind the Democratic members' no votes was not mentioned at this Committee meeting, the issue was raised during a press briefing Monday, December 11 related to allegations by former employees of the Eureka Resources oil and gas wastewater treatment plant based in Lycoming County of workplace and environmental violations.

On December 11, the workers released a letter to Lycoming County District Attorney Ryan Gardner asking for a criminal misconduct investigation of Eureka Resources over the violations. Read more here.

Sen. Muth said during the briefing December 11, “I just find it very interesting that tomorrow [December 12] in the Senate Environmental Resources and Energy Committee that the attorney, that since resigned from the case, but until recently was nominated to become a judge on the Environmental Hearing Board that represented Eureka Resources, will be up for a vote to come through Committee.”

Bruder’s bio on the Mette Evans & Woodside website includes a reference to an Environmental Hearing Board decision where he served as counsel to Eureka Resources that denied Sen. Muth standing as a public official in an appeal of a DEP permit by Eureka for another oil and gas wastewater treatment plant in a controversial shale gas drilling area around Dimock in Susquehanna County.

The EHB decision was appealed to Commonwealth Court and Bruder has since resigned from the case, as Sen. Muth noted

Bruder said in his introductory remarks to the Committee, “I've worn many hats over 29 years. I started as a DEP attorney working in the Mining Program [and] Safe Drinking Water Program.

“Over the last 24 or five years or so, I've been in private practice.

“I've represented clients from all walks of life: individuals, families, small farms, large farms, municipal entities, business entities, and I've represented them all in accordance with an oath and a code of ethics to zealously represent each of my clients.

“As a judge, my role will be different. I will take a different oath, which I will take very seriously to judge each case on its merits without bias or without prejudice, and I look forward to the opportunity to do that. I will take those duties very seriously.”

Williamsport-based Eureka Resources is in Sen. Yaw’s Senatorial District.

The nomination was reported out on a party-line vote, Republicans supporting.

Click Here to watch a video of the meeting.

Sen. Gene Yaw (R-Lycoming) serves as Majority Chair of the Senate Environmental Committee and can be contacted by calling 717-787-3280 or sending email to: gyaw@pasen.gov. Sen. Carolyn Comitta (D-Chester) serves as Minority Chair and can be contacted by calling 717-787-5709 or sending email to: senatorcomitta@pasenate.com.

PA Oil & Gas Industry Public Notice Dashboards:

-- PA Oil & Gas Weekly Compliance Dashboard - Dec. 9 to 15 - 500 Conventional Abandoned Well Violations; 25 Days Of Shale Gas Water Withdrawals Without Permission; Wastewater Pipeline Spill [PaEN]

-- PA Oil & Gas Industry Compliance So Far In 2023 - It Isn’t Pretty [PaEN]

-- PA Oil & Gas Industrial Facilities: Permit Notices/Opportunities To Comment - December 16 [PaEN]

-- DEP Posted 68 Pages Of Permit-Related Notices In December 16 PA Bulletin [PaEN]