Quantcast

Delaware Riverkeeper Secures Reforms In Pennsylvania Gas Drilling Regulations

Energy

Delaware Riverkeeper

The Delaware Riverkeeper Network (DRN) announced the settlement of an appeal DRN filed with the Pennsylvania Environmental Hearing Board concerning one of the first shale gas wells drilled in the Delaware River Basin. The well is a vertical gas well and was not hydraulically fractured.

The appeal—filed in coordination with Damascus Citizens for Sustainability and local residents—involved the Newfield Appalachia Pa., LLC “Woodlands” well in Damascus Township, Wayne County, Pa. The well is located within the Hollister Creek watershed, a designated Special Protection High Quality (HQ) watershed. The project is also within the Upper Delaware River Basin and is approximately 0.43 miles from the Delaware River. This section of the Delaware River Watershed is located within the Upper Delaware Scenic and Recreational River, a National Wild and Scenic River.

During the course of the appeal, DRN conducted depositions of DEP personnel involved in approval of the well permit. As a result of these depositions, DRN was able to establish that for well projects with under five (5) acres of earth disturbance, the department has not considered the potential impacts of these projects on special protection watersheds. DRN was also able to establish that for the wells that have been drilled within the Delaware River Basin, the department has not considered the potential impacts of those wells on the Delaware River or the Delaware River Basin. Further, DRN established that department personnel who are responsible for reviewing permit applications have spent, on average, less than thirty-five (35) minutes per permit prior to granting final authorization.

As part of the settlement of this appeal, DRN and the other appellants were successful in obtaining important programmatic changes. These changes will improve how future well permits are processed throughout Pennsylvania and will provide greater protection to Pennsylvania’s high quality and exceptional value watersheds.

“Pennsylvania’s regulatory program is demonstrably deficient when it comes to protecting waterways and communities from gas drilling, this litigation and our depositions just highlighted a few of those pitfalls. Our settlement definitely secured important improvements to the review process, but we are under no misconception that this is in any way the cure for gas drilling in the Commonwealth,” said Maya van Rossum, the Delaware Riverkeeper.

“The DEP needs to do a better job of reviewing permits, rather than just using its rubber stamp. This settlement will help make that happen,” said Jordan Yeager, lead attorney on the case for the Delaware Riverkeeper Network and with the firm Curtin & Heefner.

Under the terms of the settlement, DEP has agreed that for future shale gas projects in special protection watersheds (designated or existing use of High Quality or Exceptional Value pursuant to 25 Pa. Code Chapter 93), applicants must demonstrate compliance with the Commonwealth’s anti-degradation regulations prior to the commencement of any earth disturbance activities. Prior to this settlement, for projects under five (5) acres, the department was not requiring applicants to demonstrate this.

Further, under the settlement, DEP has agreed to revise its "Coordination of Resources" form and instructions by: 1) listing all Pennsylvania rivers designated under the Federal Wild and Scenic Rivers program, including the Delaware River; and 2) including a definition of what constitutes the river corridor under the federal designation, in accordance with the Federal Wild and Scenic Rivers Act, 16 U.S.C. §1271 et seq. This change will help ensure that in future permitting decisions, the DEP will consider the potential impacts of gas drilling projects on the Delaware River and on other rivers designated under the federal Wild & Scenic Rivers program.

The Upper and Middle Delaware River, designated by Congress as Wild and Scenic in 1978, is underlain by Marcellus and Utica shales which have been heavily leased for gas drilling. The current moratorium in the Delaware River Watershed, established by the Delaware River Basin Commission (DRBC) in May 2010, has prevented gas development from moving ahead in the basin. DRBC is considering the adoption of natural gas regulations, which would lift the moratorium. DRN and a large and diverse public have criticized the draft regulations as wholly inadequate and oppose their adoption, calling for a comprehensive environmental study and cumulative impact analysis.

For more information, click here.

EcoWatch Daily Newsletter

Hinterhaus Productions / DigitalVision / Getty Images

By Rachael Link, MS, RD

What you eat before drinking alcohol can have a huge impact on how you feel at the end of the night — and the next morning.

Read More Show Less
Secretary Carson surveys recovery in Florida Panhandle following Hurricane Michael. U.S. HUD / Flickr / Public Domain

By Eren Erman Ozguven

When Hurricane Michael roared onto northwest Florida's Gulf Coast in October 2018, its 160 mile-per-hour winds made it the strongest storm ever to hit the region. It was only the fourth Category 5 storm on record to make landfall in the U.S.

Read More Show Less
Sponsored
Pexels

By Ketura Persellin

Global consumption of beef, lamb and goat is expected to rise by almost 90 percent between 2010 and 2050. But that doesn't mean you need to eat more meat. In fact, recent news from Washington gives you even less confidence in your meat: Pork inspections may be taken over by the industry itself, if a Trump administration proposal goes into effect, putting tests for deadly pathogens into the hands of line workers.

Read More Show Less
Pexels

By Kaitlyn Berkheiser

While enjoying an occasional alcoholic beverage is unlikely to harm your health, drinking in excess can have substantial negative effects on your body and well-being.

Read More Show Less
MStudioImages / E+ / Getty Images

By Jillian Kubala, MS, RD

Backpacking is an exciting way to explore the wilderness or travel to foreign countries on a budget.

Read More Show Less
Sponsored
Tim P. Whitby / 21st Century Fox / Getty Images

The beauty products we put on our skin can have important consequences for our health. Just this March, the U.S. Food and Drug Administration (FDA) warned that some Claire's cosmetics had tested positive for asbestos. But the FDA could only issue a warning, not a recall, because current law does not empower the agency to do so.

Michelle Pfeiffer wants to change that.

The actress and Environmental Working Group (EWG) board member was spotted on Capitol Hill Thursday lobbying lawmakers on behalf of a bill that would increase oversight of the cosmetics industry, The Washington Post reported.

Read More Show Less
A protest march against the Line 3 pipeline in St. Paul, Minnesota on May 18, 2018. Fibonacci Blue / CC BY 2.0

By Collin Rees

We know that people power can stop dangerous fossil fuel projects like the proposed Line 3 tar sands oil pipeline in Minnesota, because we've proved it over and over again — and recently we've had two more big wins.

Read More Show Less
Scientists released a study showing that a million species are at risk for extinction, but it was largely ignored by the corporate news media. Danny Perez Photography / Flickr / CC

By Julia Conley

Scientists at the United Nations' intergovernmental body focusing on biodiversity sounded alarms earlier this month with its report on the looming potential extinction of one million species — but few heard their calls, according to a German newspaper report.

Read More Show Less