More on PIOGA Request to Keep DEP in its Regulatory Box

Yesterday MDN brought you the story of the Pennsylvania Independent Oil & Gas Association’s (PIOGA) third request to intervene in the Act 13 lawsuit decided by the PA Supreme Court (see PIOGA Asks Supreme Court to Stop DEP Denying Permits Using Act 13). The point of PIOGA’s request is to make the DEP follow PA law when it comes to granting shale drilling permits. Our headline and some of the language we used in that article was not completely accurate–we’d like to admit that right up front (although our inaccuracy was not intentional). The headline states that the DEP has denied permits based on portions of the Act 13 lawsuit tossed out by the PA Supreme Court. In researching the issue and speaking with those knowledgeable about PIOGA’s request to the Supreme Court, we’ve not found a specific instance where the DEP has denied a permit based on the tossed out Section 3215(b)-(e). But while denying permits based on rejected portions of Act 13 is not taking place, something far more subtle and insidious IS going on–with the same result as if the DEP were denying permits based on tossed-out portions of Act 13. Let us explain…

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