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PA Senate Republicans To Reintroduce Bills Limiting Citizen Rights To Appeal DEP Permit Decisions, Punish Communities That Take Steps To Protect Themselves Against Shale Gas Development Impacts

Sen. Camera Bartolotta (R-Washington) and Sen. Gene Yaw (R-Lycoming) announced plans to reintroduce legislation in the new session to limit the rights of citizens to appeal DEP permit decisions and punish communities that take steps to protect themselves against shale gas development.

The bills include--

-- Punish Communities: Co-sponsor memo from Senators Bartolotta and Yaw invites colleagues to again sponsor what was Senate Bill 1346 that punishes local elected officials who want to better protect their constituents from the documented adverse health and environmental impacts of shale gas development. Read more here.

The legislation would prohibit municipalities from receiving Act 13 drilling impact fees if they set protective standards on the development of natural gas that “imposes a standard or condition on well development that conflicts with or exceeds those contained” in state law.

Distribution of these fees would also be prohibited when any party initiates a legal challenge against a municipality with a local ordinance that “unreasonably limits or prohibits future development of unconventional natural gas wells.”

The legislation was introduced in response to action taken by Cecil Township, Washington County Supervisors on November 4 to adopt an ordinance establishing setbacks from shale gas well pads of 2,500 feet from homes and businesses as “protected structures” and 5,000 feet from schools and hospitals. Read more here.

The setback established in state law now is 500 feet from a shale gas well bore (not the shale gas well pad).

Cecil Township is in Sen. Bartolotta’s district.

Washington County is already the most drilled county in Pennsylvania.

The bill did not move out of the Senate Environmental Resources and Energy Committee last session.

-- Take Away Rights To Appeal DEP Permit Actions: Co-sponsor memo from Sen. Bartolotta that she was reintroducing Senate Bill 198 that would significantly narrow the grounds on which a citizen group or company could appeal DEP environmental permit decisions to the Environmental Hearing Board.

The bill would prevent a citizens group or anyone else from raising issues DEP missed or new information made available after a public comment period held on a permit application.

The Senate passed this legislation in June 2023, but prior to final passage, the bill was specifically amended to prohibit any party from presenting “new evidence before the [Environmental Hearing] Board that was not part of the record of decision considered by the Department. Read more here.

No action was taken on the bill in the House.

-- Prohibit State Appeals Of Natural Gas Pipeline Permits: Co-sponsor memo from Sen. Bartolotta announced plans to reintroduce Senate Bill 1216 to eliminate the ability of citizens, local governments and anyone else to appeal permits issued by DEP for natural gas pipelines and related facilities to the Environmental Hearing Board. Read more here.

She contends the federal Natural Gas Act mandates the federal Court of Appeals for the Third Circuit has “exclusive jurisdiction over an appeal which challenges any state agency’s action in either approving or denying a permit when the state agency acts on the basis of federal law.”

That includes any permit DEP issue under the federal Clean Air Act (Air Quality), Clean Water Act (Chapter 102 Erosion and Sedimentation, Chapter 105 Encroachments) or other state permits issued in part under federal statutes.

The real story is federal courts have repeatedly upheld the right of citizens and other groups to appeal state permits for natural gas pipelines, including most recently in July. Read more here.

This legislation would simply take that right away.

The bill did not move out of the Senate Environmental Resources and Energy Committee last session.

Stay tuned for more bill announcements.

Republican History Of Limiting Rights, Punishing Communities

The original announcement of the legislation to punish communities references Act 13 of 2012 which originally contained a provision preempting any local regulation of drilling operations included at the insistence of Republicans.

That provision was declared unconstitutional by the PA Supreme Court in a landmark ruling in December 2013 based on the Environmental Rights Amendment in Pennsylvania’s Constitution. Read more here.

In October 2022, Sen. Yaw introduced legislation-- Senate Bill 1331-- denying counties Act 13 drilling impact fees if they restrict the leasing of land for drilling that was reported out of his Committee, but saw no further action.

Allegheny County adopted an ordinance restricting drilling for gas on county-owned lands which represented less than 1% of the land area of the county leaving 99%+ available for leasing. Read more here.

In October 2023, Sen. Yaw said in a written press statement House legislation which increased safety zone setbacks around natural gas infrastructure was “stupid” after a House Committee hearing on House Bill 170 (Otten-D-Chester). Read more here.

In May 2024, Sen. Yaw announced the introduction of legislation prohibiting the distribution of Act 13 impact fees to any county “that is actively suing over fossil fuel use.” Read more here.

Although it was not introduced last session, Sen. Yaw was attempting to prevent actions like Bucks County took to join a lawsuit charging oil companies intentionally deceived the public about the role fossil fuels play in worsening climate change. Read more here.

(Photos: top- Range Resources Augustine Drill Pad in Cecil Township; Augustine Drill Pad showing scale of operation; bottom- Map of Shale gas wells (red dots), conventional oil and gas wells (blue/green dots) in Cecil Township (DEP Oil & Gas Program); 523 feet from nearest house; Well pad gas flare from bedroom window near Augustine well pad (WTAE). Other photos Courtesy of The Energy Age Blog.)

PA Oil & Gas Industry Public Notice Dashboards:

-- PA Oil & Gas Weekly Compliance Dashboard - Nov. 30 to Dec. 6 - Abandoned Shale Gas Wells Doubled From Last Year; Failure To Comply With Court Order To Plug Conventional Wells; Abandoned Waste Injection Well [PaEN]

-- PA Oil & Gas Industrial Facilities: Permit Notices, Opportunities To Comment - December 7 [PaEN]

-- DEP Posted 91 Pages Of Permit-Related Notices In December 7 PA Bulletin [PaEN]

Related Articles This Week:

-- DEP Sees ‘Very Significant Budget Gap’ In Funding Oil & Gas Regulation Program Due To Reduced Permit Fee Revenue [PaEN]

-- Baker Hughes: PA Natural Gas Drilling Rigs Up 1 To 16 From Last Week; 21 On Aug. 23

-- DCED PA Crude [Oil] Development Advisory Council Meets Dec. 12 To Discuss Road Dumping Oil & Gas Wastewater; New EPA Methane Emissions Reduction Program; Other Updates [PaEN]

-- What Will Shale Gas Leave Behind? DEP Issues 10 Violations To Big Dog Energy, LLC, Diversified Production LLC For Abandoning Shale Gas Wells; Violations For Shale Gas Abandonments More Than Doubled In 2024 [PaEN]

-- DEP: Horizontal Exploration LLC Failed To Comply With State Court Order To Plug 6 Conventional Wells In McKean County [PaEN]

-- DEP Issues Abandoned Well Violation To Oil & Gas Wastewater Injection Well With Nearly Full Storage Tanks, Expired EPA Permit In Venango County [PaEN]

-- Apply Now! DEP Conventional Oil & Gas Methane Reduction Well Plugging Grant Applications Due Dec. 16; $44.4 Million Available - Only 10 Applicants Applied For 77 Wells So Far [PaEN]