Header graphic for print
Pennsylvania Brownfields & Environmental Law Information and Developments in Brownfields and Pennsylvania Environmental Law

Tag Archives: Pennsylvania

BREAKING: PA Supreme Court Invalidates Key Provisions of Marcellus Shale Law

Posted in Articles

A splintered Pennsylvania Supreme Court today declared unconstitutional several key provisions of Act 13, the 2012 law that comprehensively revised Pennsylvania’s Oil and Gas Law to account for Marcellus Shale exploration and extraction activities.  Notably, the PA Supremes invalidated Act 13’s limitations on municipal zoning in connection with oil and gas activities.  Some aspects of the… Continue Reading

PADEP Extends Comment Deadline For New Public Participation Policy Guidance

Posted in Articles

For those following our coverage of PADEP’s revised Policy on Public Participation in the Permit Review Process, the deadline for public comment has been extended until August 27, 2013. Since our last update, the draft policy (PDF) has benefited from internal reviews and input from the Citizens Advisory Council and the Environmental Justice Advisory Board, as… Continue Reading

Proposed US Hydraulic Fracturing Regulations May Have Limited Impact on Federal Lands In PA

Posted in Articles

  While our newest contributor, Derald Hay, awaits his new-media login, he’s asked me to post this piece on his behalf: On May 24, 2013, the Bureau of Land Management published a revised set of proposed regulations pertaining to hydraulic fracturing on Federal and Indian lands. The primary focus of the revised regulations included additional standards… Continue Reading

PADEP’s Permit Review Process Public Participation Policy … It’s Back?

Posted in Articles, Pennsylvania Brownfields

Following up on my posts of February 7, 2013 and November 28, 2012, the agenda for next week’s meeting of the Pennsylvania DEP’s Environmental Justice Advisory Board includes a scheduled discussion of the status of the Department’s draft Permit Review Process Public Participation Policy.  After I return from the meeting next week, I’ll provide an… Continue Reading

Bill to Allow Fracking with Mine Influenced Waters Clears PA Senate Committee

Posted in Articles, Pennsylvania Brownfields

Earlier this month, the Pennsylvania Senate Environment Resources and Energy Committee took up Senate Bill No. 411, designed to foster the use of mine influenced water for hydraulic fracturing and other gas well development. The bill, originally proposed by Senator Richard Kasunic, was unanimously approved by the committee and can now move on to the full… Continue Reading

PADEP Issues White Paper on Use of Mine Influenced Waters in Natural Gas Extraction

Posted in Articles

For the past several months, PADEP has been working internally and with stakeholders to develop policy supporting the use of mine influenced waters (“MIW”) in the natural gas extraction process — that is, using acid mine drainage and mine pool water, from Pennsylvania’s long history of coal mining, for fracking. The concept is that the impacted mine… Continue Reading

New TMDL Waivers and Vineyards

Posted in Articles, Pennsylvania Brownfields

The TMDL regulatory scheme is taking hold in many sectors of our country. In fact, even the wine growing industry in Napa and Sonoma Valleys are being impacted by proposed regulations.  If interested (and yes, Pennsylvania has a growing wine industry too), see Philip Hinerman’s recent post at Fox Rothschild’s Legal Tastings blog.  

Marcellus Shale at Year’s End

Posted in Articles

The year comes to a close today with the Pennsylvania Supreme Court having yet to rule on the constitutionality of Act 13’s provisions concerning the ability of municipalities to control Marcellus Shale development through local zoning rules (those provisions were overturned by the Commonwealth Court in a closely divided decision in July 2012).  Despite the… Continue Reading

US EPA Revises Guidance to Encourage Renewable Energy on Contaminated Land

Posted in Articles

On December 5, 2012, US EPA issued a “Revised Enforcement Guidance Regarding the Treatment of Tenants under the CERCLA Bona Fide Prospective Purchaser Provision.”  US EPA undertook this effort to encourage reuse of contaminated properties for renewable energy development. However, the updated guidance is broad enough to apply to other tenant situations and may justify consideration of "all… Continue Reading

Vapor Intrusion and Act 2 — Imperfect Together

Posted in Articles

Vapor intrusion, the migration of a volatile chemical from subsurface contamination into the indoor air of a building, was not viewed as a significant exposure pathway in 1995 when Act 2 was written into law. It is viewed as significant now. The emerging importance of this pathway poses unique challenges for DEP and responsible parties under Act 2. It also… Continue Reading