The Board ruled that all or parts of 15 of the 107 paragraphs outlining the grounds listed by Protect PT in the appeal challenge the initial permits issued by DEP and were dismissed. EHB Docket 2023074.
The opinion says, “It is well-established that an appellant may not use an appeal of a permit renewal to challenge the issuance of the permit in the first place.”
Apex Energy (PA) LLC, with DEP supporting, sought a broader dismissal of the appeal.
Among the general grounds for appeal that remain are--
-- DEP failed to carry out its obligation as a trustee for the environment and the Environmental Rights Amendment;
-- The permits authorize the use, generation, storage and transportation of hazardous waste;
-- The permits authorize the generation, storage and transportation of radioactive waste;
-- The renewal of the permits destabilize Pennsylvania’s climate in violation of the Environmental Rights Amendment;
-- The location and operation of the Drakulic shale gas well pad will impact public resources and endanger human health;
-- DEP disregarded facts and public input that should have resulted in the denial of the renewal applications;
-- DEP should have required Preparedness, Prevention and Contingency Plans as part of applications for renewal; and
-- DEP disregarded the compliance history of the permittee.
Click Here for a copy of the appeal.
Click Here for a copy of the Environmental Hearing Board’s decision.
For documents related to this case, visit EHB Docket 2023074.
Visit the Protect PT website for more information on their initiatives, programs, upcoming events and how you can get involved.
Related Article - Protect PT:
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PA Oil & Gas Industry Public Notice Dashboards:
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Related Articles This Week:
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-- Guest Essay: DEP Ignored Abandoned Wells During Oil & Gas Wastewater Injection Well Permitting Process - By Laurie Barr, Save Our Streams PA [PaEN]
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NewsClips:
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-- Inside Climate News: In His First Year As Governor, Josh Shapiro Forged Alliances With The Natural Gas Industry, Angering Environmentalists Who Support Him
-- Inside Climate News: Q&A: New Rules In PA Require Drillers To Disclose Toxic Chemicals Used In Fracking
-- TribLive: Environmentalists, Natural Gas Drillers’ Group Divided On Transparency On Fracking Fluid Disclosures
-- The Energy Age Blog: PA DEP Begins Emergency Project To Plug Abandoned Conventional Gas Wells [Video From Plugging Site]
-- TribLive: Penn Township Board Will Visit Proposed Hyperion [Olympus Energy] Natural Gas Compressor Site
-- Inquirer - Will Bunch: Democracy Dies When PA Pols Tell Their Own Voters To Drop Dead On Fracking [Proposed LNG Plant In Chester, Delaware County]
-- Markets Insider: New Study Questions LNG Natural Gas As A ‘Bridge Fuel’ In Decarbonization
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-- Environmental Integrity Project: Biden’s Pause In New Permits For LNG Natural Gas Facilities Won’t Slow The Flow Of US Natural Gas Abroad
-- Daily Herald - Salena Zito: Democrats Say Biden’s Pause On New LNG Natural Gas Export Facilities Is Like ‘Throwing A Match In A Bale Of Hay’ [PA included]
-- Bradford Era: Feb. 10 Town Hall In Cyclone, McKean County To Discuss Appeal Of Catalyst Energy, Inc. Oil & Gas Wastewater Injection Well Permit
[Posted: February 8, 2024] PA Environment Digest
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