The appeal will now proceed on the merits of the challenge.
The decision involves a consolidated appeal brought by about 40 local residents-- some of the appeals handwritten-- to an injection well permit issued by DEP in January, 2024.
In December, the Board denied a petition for a supersedes-- temporary stay-- and lifted a temporary supersedes that was in place on the construction of the injection well after an unusually lengthy five days of hearings and discovery. Read more here.
In April, DEP and Catalyst Energy filed motions for summary judgment saying there was no "genuine issue of material fact in dispute" in the appeal and that they were entitled to have the appeal dismissed.
They argued the appellants-- referred to collectively as “Ms. Lananger” by the Board-- failed to produce evidence in the extensive record to make their case the permit should be overturned.
The Board said in its opinion, "We held a lengthy supersedeas hearing and, based on our
determination that she was unlikely to succeed on the merits of her claim at a full hearing, denied Ms. Lananger’s supersedeas petition.”
As a result, Catalyst Energy constructed the injection well and began operations to accept wastewater.
The Board explained-- "In most cases involving a supersedeas petition, our denial of a supersedeas request usually results in the appeal being withdrawn prior to summary judgment motions or a full merits hearing."
The Board said the decision of the appellants to move forward with the appeal and the submission of the motions for summary judgement create an "unusual procedural setting in deciding the pending motions."
The other consideration in making this decision, the Board said, was the parties making the appeal presented information not considered during DEP's review of the permit application which the Board is allowed to consider under its “de novo” review authority.
Among the "alleged actions" that create new issues, the appellants cited several incidents they said threatened the integrity of the injection well; construction of a French drain at the site; installation of two additional wastewater storage tanks; and the loss of power at the seismic monitoring station for a permit of time.
The Board said under its de novo review standard, the appellants "should have the opportunity to present the facts on each of these actions as they, according to her, constitute material facts that are in dispute and, therefore, properly prevent us from granting summary judgment."
The Board said, "The Department and Catalyst do not dispute that the activities described by Ms. Lananger as “new issues took” place at the Site but contest some of the particulars of the surrounding facts...."
"The Department and Catalyst argue that the events Ms. Lanager [appealants] points out as problematic are merely typical operational issues that the Board should not consider at this point since they were not part of the Department’s permit decision.
"They also challenge whether the facts that Ms. Lananger describes as “new issues” are material and relevant.
"Our de novo review standard makes short work of the argument that the Board should not consider these new facts/issues since they were not part of the Department’s permit decision," said the Board.
"We are not saying that any failure did or did not occur here, but instead that the facts concerning the actions at the Injection Well post the Board’s decision on the Supersedeas Petition are fair game for our consideration so long as Ms. Lananger [appealants] shows that they are material and relevant."
"Ms. Lananger has presented sufficient evidence setting forth a prima facie case and there are material facts that remain in dispute at this point.
“In light of those findings, the better course of action is to proceed to a merits hearing where Ms. Lananger will be given an opportunity to present her case, including any new information from activities after the supersedeas hearing, for the full Board’s consideration."
As a result, the Board denied the Catalyst and DEP motions for summary judgment.
Click Here for a copy of the opinion/order. [EHB Docket #2024016]
Legislation To Eliminate ‘De Novo’ Review
Again this session. Sen. Camera Bartolotta (R-Washington) has introduced legislation-- Senate Bill 159-- to limit the Environmental Hearing Board’s consideration of appeals to the record of decision established by DEP during its review.
Individuals appealing DEP permits would be prohibited from presenting any new evidence before the Board that was not considered by the agency during its review.
Steven C. Beckman, Chief Judge and Chairperson of the Environmental Hearing Board and the author of the Catalyst Energy decision, dealt with this issue of ‘de novo’ review in the opinion--
“By way of analogy, if the Department issued a permit for a dam that was then constructed and subsequently failed prior to the Board holding a hearing on the challenged permit, no one would argue that the Board should not review evidence surrounding the dam failure when determining whether the Department’s permit decision was reasonable, consistent with the law and supported by the facts.”
(Photos: DEP map showing its well records around the injection well; A 1937 map showing many more wells. Read more here.)
Resource Links- Catalyst Energy Injection Well:
-- Environmental Hearing Board Denies Supersedeas, Allows Operation Of Catalyst Energy, Inc. Oil & Gas Wastewater Injection Well In McKean County During Appeal [PaEN]
-- Exploding Water Well Shed Triggers DEP Investigation Of 59+ Abandoned Conventional Oil & Gas Wells In Cyclone, McKean County; Highlights Limits On Providing Temporary Water For Well Owners Impacted [PaEN]
-- 40 Individuals File Appeals, Most Handwritten, Of DEP’s Permit For Catalyst Energy Oil & Gas Wastewater Injection Well In McKean County [PaEN]
-- Guest Essay: DEP Ignored Abandoned Wells During Oil & Gas Wastewater Injection Well Permitting Process [PaEN]
-- Marcellus Drilling News: DEP Approves Catalyst Energy Oil & Gas Wastewater Injection Well In McKean County [Jan. 26 Inspection Found Gas Bubbling From Well] [PaEN]
Resource Links - Injection Wells:
-- Plum Borough Zoning Hearing Board Voted To Deny Penneco Environmental's Application For Another Oil & Gas Wastewater Injection Well In Allegheny County [PaEN]
-- EPA Will Hold May 6 Virtual Hearing On Proposed Permit For A Sandstone Development Oil & Gas Wastewater Injection Well In Lafayette Twp., McKean County [PaEN]
-- EPA Issues Permit To Seneca Resources Company For Elk County Oil & Gas Wastewater Injection Well [PaEN]
-- DEP Issues Abandoned Well Violation To Oil & Gas Wastewater Injection Well With Nearly Full Storage Tanks, Expired EPA Permit In Venango County [PaEN]
-- Oil & Gas Wastewater Release At Bear Lake Properties Injection Well In Warren County Went Unreported For 109 Days; More Contamination Discovered Along Related Wastewater Pipeline Route [PaEN]
-- DEP Soliciting Bids For Plugging 20 Conventional, Abandoned Oil & Gas Wastewater Injection Wells Owned By Pennzoil In The Allegheny National Forest [PaEN]
-- Fayette County Commissioners Unanimously Pass Ordinance Restricting Oil & Gas Wastewater Injection Wells [PaEN]
-- Republican Rep. Krupa Introduces HB 1656 To Ban Oil, Gas Wastewater Injection Wells To Protect The Public From Radioactive, Toxic Materials [PaEN]
PA Oil & Gas Industry Public Notice Dashboards:
-- PA Oil & Gas Weekly Compliance Dashboard - June 28 to July 4 - 30+ Days Of Cleanup Continues At Shale Gas Pad; Failure To Comply With Plugging Order For 67 Months; Failure To Install E&S Controls For 68 Months [PaEN]
-- DEP: Active Wastewater Spill Remediation Efforts Have Continued For 30+ Days At The Seneca Resources Vandergrift Shale Gas Well Pad In Charleston Twp., Tioga County [PaEN]
-- PA Oil & Gas Industrial Facilities: Permit Notices, Opportunities To Comment - July 5 [PaEN]
-- DEP Posted 65 Pages Of Permit-Related Notices In July 5 PA Bulletin [PaEN]
Related Articles This Week:
-- Environmental Hearing Board Denies Request To End Appeal Of Catalyst Energy, Inc. Oil & Gas Wastewater Injection Well Permit In McKean 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]
-- Warren Times Editorial: Pennsylvania Needs A New Plan For Abandoned Conventional Oil & Gas Wells; Increasing Bond Amounts Only Part Of Solution [PaEN]
-- Penn State Extension Adds McKean County Workshop To Promote $100/Well Bounty To Find Previously Unknown Conventional Oil & Gas Wells Abandoned By Their Owners; Workshops Set In Clarion, Crawford, Mercer Counties [PaEN]
-- Guest Essay: The Real Story Behind The Act 13 Shale Gas Drilling Impact Fee - It's Not Funding, It's Cleanup Money - By Mary Jo Simmen-Gray, Hempfield, Westmoreland County Resident [PaEN]
-- Environmental Integrity Project: DEP Made Changes To Permit For MarkWest Harmon Creek Natural Gas Processing Plant In Washington County To Reduce Air Emissions, Improve Accountability [PaEN]
-- Environmental Health Project To Launch Compounds Of Concern Online Tool During July 16 Webinar [PaEN]
-- PA Interfaith Power & Light Launches New Faith & Fossil Fuels Initiative; Invites Congregations, Individuals To Share Your Lived Experiences With Pollution [PaEN]
-- PUC Approves $750,000 Penalty Against UGI Utilities For 2020 Natural Gas Main Eruption In Monroe County Killing 1 Person [PaEN]
-- PUC Seeks $395,000 Penalty Against UGI Utilities For 2022 Natural Gas House Explosion In Suburban Harrisburg; $50,000 Penalty Against Contractor [PaEN]
-- PJM Interconnection Grid Operator Issues Hot Weather Alert For July 6 In Its Western Region, July 7 In Its Mid-Atlantic & Southern Regions, Including Areas In PA [PaEN]
NewsClips:
-- The Allegheny Front - Reid Frazier: Commonwealth Court Rules Elizabeth Twp., In Allegheny County Violated Its Own Zoning Ordinance To Allow Shale Gas Well Pad, Pipeline To Be Built In A Residential Area
-- TribLive: Residents Ask Upper Burrell Twp. To Adopt More Stringent Rules For Oil & Gas Wastewater Injection Wells In Westmoreland County
-- Observer-Reporter: EQT Shale Gas Driller Sues Morgan Twp., Greene County In Federal Court Over Limits On Heavy Equipment Hauling On Local Roads To Prevent Damage [PDF of Article]
-- WNEP: Lithium On Oil & Gas Wastewater Gives Legislators Hope For Another ‘Boom’ In Susquehanna County’s Economy
-- PennLive: PUC Files Complaints Against UGI, Plumber For 2022 Dauphin County House Explosion
-- MCall - Anthony Salamone: UGI Fined For Christmas Day 2020 Natural Gas Leak That Killed 1 Person
-- KYW: Deadly Explosion In Philadelphia’s Nicetown Neighborhood Could Be Natural Gas-Fueled, Source Says
-- Wilkes-Barre Times-Leader: Natural Gas Leak Results In Power Being Cut To Much Of Downtown Wilkes-Barre, Turning Off Street Lights Throughout The City
-- WHYY: PUC Judge Denies Philadelphia Gas Works Request For Internal Emails, Texts, Memos From Climate Groups Participating In Its Rate Case, It Would Violate The First Amendment
-- Spotlight PA: Costs Of Amazon’s $20 Billion Promise To Build Data Centers In PA Unknown: Impact On Electricity Supply, Power Costs To Consumers, Tax Revenue Forfeit
-- TribLive Guest Essay: Summer’s Triple Threat - Energy Bills Rising, Grids Straining, Help Shrinking - By Destenie Nock, Peoples Energy Analytics
-- EPA To Open Public Comment Docket, Host Listening Sessions On Clean Water Act Section 401 Certification Implementation
-- Reuters: US Energy Firms Eye New Northeast Natural Gas Pipelines, Buoyed By President, Demand Outlook
-- Bloomberg: Electronic Warfare During Iran Strikes Crashes Global Shipping’s Navigation System, Including Oil, LNG Natural Gas Ships
[Posted: June 30, 2025] PA Environment Digest
