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Wolf Signs Moratorium On All New Oil And Gas Leases In State Forests, Parks

Gov. Tom Wolf Thursday signed an executive order reinstating a moratorium on new leases for oil and gas development in state parks and forests. He signed the order with members of the General Assembly in attendance at in Benjamin Rush State Park in Philadelphia.

The language of the order covers both conventional and unconventional (Marcellus Shale) oil and gas development.

“Natural gas development is vital to Pennsylvania’s economy, but so is the economic and environmental viability of our parks and forests,” said Gov. Wolf. “This is about striking the right balance. Our state parks and forests are unique assets that should be preserved, protected, and utilized by our residents for recreational purposes.”

“Our parks host 38 million visitors annually, support over 13,000 jobs, and provide $1.2 billion to the state’s economy,” Gov. Wolf continued. “We should be looking for opportunities to grow our recreational and tourism economy through a revitalized parks and forest system that ensures we are preserving our natural resources and protecting our people and the environment.”

The Department of Conservation and Natural Resources has concluded that additional leasing jeopardizes the agency’s ability to sustain the commonwealth’s gold-standard forest certification, which is vital the economic and environmental well-being of the state’s parks and forests.

The executive order states that effective immediately, DCNR is directed to protect the lands of the Commonwealth that are held in trust for its citizens and for future generations, and subject to future advice and recommendations made by DCNR, no State Park and State Forest lands owned and/or managed by DCNR shall be leased for oil and gas development.

The previous moratorium was put in place by Gov. Rendell after the Department of Conservation and Natural Resources leased over 137,000 acres of State Forest land for Marcellus Shale natural gas drilling and a few days before the 2010 gubernatorial election. Almost all of the proceeds from the leases at that time went to balancing the state budget, not to conservation or environmental programs.

Last May, Gov. Corbett issued an executive order allowing additional drilling in State Forests and Parks only if additional long-term surface disturbances could be avoided. Gov. Wolf’s order rescinds Corbett’s action.

Still in force, however, is a provision in the Fiscal Code bill passed by the General Assembly and signed by Gov. Corbett last July authorizing the transfers of an additional $95 million from DCNR’s Oil and Gas Fund to balance the state budget.

A copy of the new executive order is available online.

Reaction

Sen. John Yudichak (D-Luzerne), Minority Chair of the Senate Environmental Resources and Energy Committee said: “I applaud Gov. Wolf for taking a stand to protect our environment and ensuring that we close the door on additional leasing and unconventional drilling in our pristine Pennsylvania state forests and state parks. The Executive Order issued by the governor today rightly reinstates the drilling moratorium on state forest and state park land that we fought for in 2010 under then Gov. Ed Rendell.

“I had several concerns about the Executive Order issued by Gov. Corbett in May which opened state forests and state parks to unconventional drilling in a misguided attempt to balance the state budget at the expense of our environment. While I understand the necessity to increase our state revenues, a much more responsible approach is by enacting a reasonable severance tax on the natural gas drilling industry.

“The right to clean water and pure air is shared by all Commonwealth residents and today’s action reinforces that Constitutional right. The public deserves a say in how we use our state land and that is why I have reintroduced legislation, Senate Bill 348, which would require DCNR to hold at least one public hearing before a new lease is entered in near or on state forests or state parks.”

The PA Environmental Council Thursday applauded Gov. Wolf on re-establishing a moratorium on leasing of State Forest and Park lands for natural gas development.

“PEC commends Gov. Wolf for reasserting a key safeguard for our public lands so early in his administration,” said Davitt Woodwell, President and CEO.

Reinstatement of the moratorium was identified as one of PEC’s top policy priorities for 2015. Leasing of state forestland for unconventional natural gas drilling in 2008 and 2010 was driven by the desire for revenue to balance the state budget. In 2014, the General Assembly again called for additional leasing revenues without regard to the consequences to some of Pennsylvania’s most important ecological and recreation lands.

“Management of these public lands should be driven first and foremost by conservation principles, not revenue,” said Woodwell. “The Public Trust doctrine embodied in the Environmental Rights Amendment of the state constitution establishes a stringent and mandatory threshold for the government in deciding if and when resource development should proceed.”

Last year the Department of Conservation and Natural Resources completed a first step in reporting on impacts of unconventional development leasing; work that is still being informed and improved by ongoing analysis from public and private partners.

“DCNR needs to continue its evaluation of ongoing activity, and use that knowledge to improve and enforce leading practices placed on the industry for development already underway,” said Woodwell. “There remain opportunities to reduce overall impacts even if leases are already signed.”

Chesapeake Bay Foundation Pennsylvania Executive Director Harry Campbell issued this statement Friday on the moratorium:

“The Chesapeake Bay Foundation commends Gov. Wolf’s decision to cease issuing new permits for natural gas extraction in the Commonwealth’s parks and forests. Pennsylvania’s forests and our natural landscapes provide real and measurable benefits well beyond vistas. Forests provide natural flood control, clean the air, keep drinking water sources clean, and support a number of important industries.

“CBF does not oppose natural gas development if done safely, nor have we called for a permanent ban on gas development in the region. But because of concerns regarding the unknown large-scale impacts of the industry, in 2011 CBF called for and continues to believe a federal study of cumulative impacts of all unconventional natural gas extraction in the Chesapeake Bay watershed is necessary. No such study has been initiated, however.

“Our goal is to ensure that energy development in Pennsylvania and the Chesapeake Bay region takes place in as safe and environmentally responsible a manner as possible.”

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