StateImpact and the Pittsburgh Post-Gazette Wednesday reported Commonwealth Court heard arguments in the case of PEDF v. Commonwealth challenging withdrawals from the DCNR Oil and Gas Fund to balance the state budget using revenues from State Forest Marcellus Shale drilling leases.

An agreement in July between the parties delayed any additional drilling under State Parks and Forests required by the Fiscal Code bill signed into law as part of the budget directing that $95 million from the Fund be used to balance the FY 2014-15 state budget until Commonwealth Court ruled on the issue.

Attorney John Childe argued Governors Rendell and Corbett violated the state’s Environmental Rights Amendment to the constitution when they disregarded the environmental impacts of drilling on or under State Parks and Forests and then transferred monies resulting from the drilling leases out of the Oil and Gas Fund to balance the budget, not to pay for DCNR operations and programs.

Childe cited, in part, the ruling in December by the PA Supreme Court in Robinson Township v. Commonwealth that reinvigorated the application of the Environmental Rights Amendment to protecting the state’s environment.

Gov. Rendell leased some 132,000 of State Forest land for Marcellus Shale drilling and Gov. Corbett called for additional no surface disturbance drilling leases in May when he issued Executive Order 2014-3.

Attorneys for the Commonwealth argued there is no provision in the constitution limiting the Governor’s authority to lease State Park and Forest land.

The judges gave no indication when they would rule on the issue.

NewsClips:

Judges Seek Balance For Leasing State Parks, Forests To Drillers

Court Takes Up Issue Of Oil & Gas Fund Withdrawals

Court To Hear Challenge To Oil & Gas Fund Withdrawals

Is PA’s Energy Industry Afraid Of Big, Bad Wolf?

Range Resources: Severance Tax Threatens PA’s Edge

Op-Ed: Severance Tax Discourages Drilling, Threatens Local Jobs

Derry Twp OKs Act 13 Fees For Water Line Extension

10/13/2014