PA Supremes Invent New DEP Power to Block Drilling Near Schools
We appear to finally be at the end of an eight-year road with respect to new shale drilling regulations in Pennsylvania adopted back in 2016. Two days ago, the PA Supreme Court overturned a Commonwealth Court decision that blocked the Dept. of Environmental Protection’s (DEP) ability to control shale drilling near schools and public playgrounds. In October 2016, after five years in the making, PA adopted new shale drilling regulations called Chapter 78 (see PA’s New Chapter 78a Drilling Regs Go into Effect Oct 8).
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For a moment, we thought we were reading an article in 
Leave it to liberal Democrats to hype an issue that isn’t even an issue to try and scare folks for political gain. LibDems have introduced a bill in the Ohio House that would prohibit fracking for oil and gas underneath Lake Erie. The leftists of Lake Erie Waterkeeper appear to be behind the measure. When was the last time you heard about any drillers salivating over drilling and fracking under Lake Erie? That’s right. NEVER. And yet the left wants to plant the seed that drillers now have their sights set on fracking Lake Erie.
Two Marshall County, WV landowners with the same last name (brothers? cousins? father/son?) have sued Southwestern Energy accusing the company of “well bashing.” The landowners seek to have the lawsuit certified as a class action. Well bashing happens when drilling a child well near a parent well causes the parent well to lose pressure or become clogged with fracking fluids and sand. Ultimately the child well causes the parent well to become less profitable (i.e., less revenue from royalties for the landowner). The lawsuit says Southwestern is practicing well bashing intentionally–in order to keep lease rates low.
We simply don’t understand the disturbed minds of the environmental left. Take the recent actions by the leftists at Damascus Citizens for Sustainability (DCS), which is suing the Delaware River Basin Commission (DRBC) after the DRBC adopted most of the rules sought by DCS to permanently block fracking and anything to do with fracking from the Delaware River Basin region. The radicals got 95% of what they wanted, but because it’s not 100%, they are suing in federal court to force the DRBC to start over and achieve 100% of their demands. This is seriously, pathologically, disturbed. We will explain.
The Upper Delaware Council (UDC) hosted a public presentation titled “Water Resource and Environmental Considerations with Shale Gas Development in the Appalachian Basin” last week at the Upper Delaware Council office in Narrowsburg, NY. The program was delivered virtually by Dr. David Yoxtheimer, Ph.D., P.G., assistant research professor and Extension associate with the Marcellus Center for Outreach and Research at Penn State University. Yoxtheimer did a great job of laying out the facts of Marcellus drilling–both the good and the not-so-good, with an eye on how to mitigate the risks.
The Better Path Coalition is a mish-mash of the some of the most radical leftwing “environmental” groups in Pennsylvania, including THE Delaware Riverkeeper, 350 Philadelphia, EcoJustice Working Group, Freshwater Accountability Project, and many more. Some of their members are not beyond committing crimes in the name of supposedly saving the planet (see 
The leftist members of the Allegheny, PA County Council have proven just how leftward they have lurched (and how unhinged they have become). In July, the Council voted to overturn the veto of a ban on drilling for natural gas under (never on top of) county parks (see 
Yeah, well, that didn’t take long, did it? Pennsylvania Governor-elect Josh Shapiro, just a few days after he won the election, has vowed to further restrict fracking with huge new setback regulations. He’s also promising new regulations for gathering pipelines. In other words, he’s about to screw over the Marcellus industry and pretty much stop new drilling in the state. Still glad you voted for Shapiro?
Politics is fascinating for us (in case you couldn’t tell when reading MDN). This site often features articles about the intersection of politics and energy. Living in New York State, editor Jim Willis has long advocated for shale drilling. Fracking in NY was the reason Jim started this blog/news site! MDN began in 2009 when shale drilling in NY seemed about to take off. And then, a series of unfortunate events led to the profoundly corrupt Andrew Cuomo becoming governor, seizing power in the Empire State. Cuomo not only temporarily blocked fracking in NY, he ultimately signed a bill into law permanently banning it (see 
Although we didn’t watch all of last night’s debate between Pennsylvania Lt. Gov. John Fetterman and Dr. Mehmet Oz, we’ve read plenty of accounts and have watched some of the clips. Fetterman, by all accounts, was a disaster. We read numerous accounts by both Republicans and Democrats that watching Fetterman self-destruct was “painful.” In particular, Fetterman stumbled and bumbled when rigorously questioned about his flip-flop on the fracking issue. We watched it (segment embedded below), and indeed, it is painful to watch.
In September, the U.S. Court of Appeals for the Third Circuit ruled that the state senators who represent Pennsylvania landowners living in the Delaware River Basin, primarily in Wayne and Pike counties in the northeastern corner of Pennsylvania, don’t have “standing” to sue the Delaware River Basin Commission (DRBC) to overturn its ban on fracking (see 
On Monday, MDN told you that the University of Pittsburgh (Pitt) Graduate School of Public Health and the Pennsylvania Department of Health (DOH) had “suddenly” pulled out of an event scheduled for yesterday to update the public on Pitt’s research on the potential health effects of hydraulic fracturing in Pennsylvania (see