On April 5, the Environmental Hearing Board denied motions by appellants-- Liberty Township and the Citizens Environmental Association of Slippery Rock Area-- and the permittee-- Tri-County Landfill-- in Mercer County to dismiss the appeal of DEP’s permit for the landfill  and allowed the case to move forward.  [EHB Docket # 2023035]

The Board said, “The appellants have not shown on the basis of the summary judgment record that their claims are entitled to summary judgment. The permittee has not shown that the appellants cannot possibly succeed on claims related to two of the permitted outfalls.”

The appeal will now proceed on its merits.

Among the issues raised by the appellants in their original appeal and in this case were--  concerns the landfill’s operation would attract birds and interfere with the operation of the nearby Grove City Airport; the oil and gas drilling wastes the landfill was allowed to accept presented a radiation hazard; and the landfill’s compliance history.  Read more here.

In January, the Environmental Hearing Board denied Liberty Township and the Citizens Association a 2021 appeal of an earlier DEP permit decision on the landfill.  That decision was appealed to Commonwealth Court by the township and citizens.  Read more here.

The Board’s 113-page adjudication in January was very critical of the case made by the appellants and the lack of expert testimony and the presentation of evidence relevant to the issues they raised.

Click Here for a copy of the latest EHB ruling.

Visit the Environmental Hearing Board website for more information on appeals of DEP actions.

Related Articles - Tri-County Landfill:

-- Liberty Twp., Citizens Group Appeal EHB Decision On Permit For Tri-County Landfill In Mercer County Over Threats Posed By Birds, Radioactive Oil & Gas Waste  [PaEN]

-- Environmental Hearing Board Denies Liberty Twp., Citizens Group Appeal Of DEP Tri-County Landfill Permit Over Threats Posed By Birds, Radioactive Oil & Gas Waste In Mercer County  [PaEN]

PA Oil & Gas Industry Public Notice Dashboards:

-- PA Oil & Gas Weekly Compliance Dashboard - April 6 to 12 - Rain Causes Multiple Landslides; Ignored Request To Clean Up Spill; Venting Gas  [PaEN]

-- PA Oil & Gas Industrial Facilities: Permit Notices, Opportunities To Comment - April 13 [PaEN]

-- DEP Invites Comments On Proposed CNX Midstream Double 24-Inch, 14 Mile Long Gas Pipelines In Westmoreland County  [PaEN]

-- DEP Posted 63 Pages Of Permit-Related Notices In April 13 PA Bulletin  [PaEN]

Related Articles This Week - Gas:

-- DEP Issues $1.1 Million Civil Penalty To Equitrans For Violations Related To The Uncontrolled Venting Of 1.1 Billion Cubic Feet Of Gas From The Rager Mountain Gas Storage Area In Cambria County  [PaEN]

-- New Penn State Study Shows Continuous Radioactive Radium Exposure From Oil & Gas Wastewater Poses A Threat To Aquatic, Human Health As It Accumulates In Aquatic Species  [PaEN]

-- Westmoreland County-Based Protect PT Calls For Ban On Road Dumping Conventional Oil & Gas Wastewater; CAC Member Asks For DEP Response  [PaEN]

-- Environmental Hearing Board Allows 2nd Appeal Of Tri-County Landfill Permit To Move Forward Over Threats Posed By Birds, Radioactive Oil & Gas Waste [PaEN]

-- Better Path Coalition Hosts April 19 Virtual Brown Bag Briefing With Justin Nobel On His New Book About Radioactive Waste From The Oil & Gas Industry  [PaEN]

-- The Derrick: State Intervenes In Venango Water Case [Fallout Continues From Conventional Oil Well Wastewater Spill]  [PaEN]

-- Marcellus Shale Gas Coalition Official Joins Pittsburgh-based EQT In Saying We Have A 'Duty’ To Provide LNG Gas To China, Our Economic, Military Competitor  [PaEN]

-- CNX Completing $20 Million Fresh Water Pipeline To Serve Future Shale Gas Drilling, And Potentially Local Communities As An Alternative To The Westmoreland Municipal Authority  [PaEN]

-- CNX Expands Air Pollution Monitoring To More Shale Gas Well Pads, Compressor Stations Under The Collaborative Agreement With State  [PaEN] 

-- Act 14: Little Known State Law Gives Municipalities, Counties First Chance To Comment On DEP Permits Before Applications Are Submitted; Critical First Step In Public Involvement  [PaEN]

NewsClips - Gas:

-- The Energy Age Blog: Gas Profiteers: It’s Our ‘Duty’ To Provide Gas To China

-- Marcellus Drilling News: PA Fracking Industry Has Opportunity To Defeat Biden In 2024

-- WHYY: Philadelphia Gas Commission Approves $19 Million In New Fossil Fuel Infrastructure; Activists Say The Plan Conflicts With City’s Climate Goals

-- Warren Times: Residents In Conewango Twp. Complain About Noise From Allshouse Oil Well Compressor

-- Post-Gazette Editorial: Carbon Credits Are A Promising Option To Fund Abandoned Conventional Oil & Gas Well Plugging

-- Bucks County Herald: Elementary Schools Win $5,000 From PECO’s Natural Gas Safety Challenge

-- Fox News: West Virginia State Treasurer Banned 4 Major Banks From Entering Into State Contracts Over Their Environmental Policies: ‘We Are Absolutely Going To Stand By… Fossil Fuels’

​​-- AP: Oklahoma’s Republican Attorney General Sues Natural Gas Companies Over Price Spikes During 2021 Winter Storm

-- Utility Dive Guest Essay: Regulators: Don’t Panic And Rush To Gas Amid Cries We’re Out Of Power

-- Bloomberg: Proposals For New US Power Plants Jump 90% On Surging Demand; Gas, Coal Plants Make Up Just 3% Of New Planned Capacity

-- Bloomberg: Russia Attacks Ukraine Gas Storage Sites, Driving Prices Higher

-- Bloomberg: European Natural Gas Prices Rise Thru Next Year On Persistent War Risks

-- Bloomberg: PetroChina To Build Up Its LNG Gas Fleet, Expand Global Trade

-- OilPrice.com: Gas Glut? Not For Long As LNG Gas Demand Grows [Watch For Price Spikes]

-- Reuters: Oil Funds Turn Bullish As Mideast Conflict Intensifies

-- Fortune: Supply Shocks Are Threatening To Push Oil To $100/Barrel Ahead Of US Summer Driving Season

-- Reuters: Despite $90 Crude Oil, US Oil Output Capped By Weak Natural Gas Prices

[Posted: April 10, 2024]

4/15/2024