Environmental Law

Billion with a B

Posted on March 03, 2011
How much do Pennsylvania landowners stand to gain from the development of the Marcellus Shale?  In a recent article, FBR Capital Markets said that $1.8 Billion was paid by gas companies to Pennsylvania landowners in 2009, and an expected $250 Billion would be paid to Pennsylvania landowners over time from the development of the Marcellus Shale...

Countering Misinformation on Marcellus Shale Development

Posted on March 02, 2011
I am one of the attorneys in Pennsylvania that represents parties that treat/recycle/dispose frac water and drill cuttings arising from the development of the Marcellus Shale.  In that regard, I very much appreciate the work done by the Marcellus Shale Coalition to combat the misinformation that now litters the information superhighway...

ISR Grant Funds Not Among Those Frozen at DCED

Posted on February 24, 2011
In a letter dated January 28, 2011, which was recently released by Budget Secretary Charles Zogby, the Corbett Administration announced it had put an additional $364.3 million in budgetary reserve.  Among the funds put into reserve were $25...

New MSCs Won't Result in Changes to Regulated Fill Tables

Posted on February 22, 2011
In January, the revisions to the Act 2 medium specific concentrations (MSCs) became final when the changes to Chapter 250 were published in the Pennsylvania Bulletin.   Recently, I asked Troy Conrad, the Director of the Land Recycling Program, whether the new MSCs would result in any  changes to the allowable concentration levels for regulated fill...

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PA Brownfields Blog Nominated as one of Top 50 Environmental Law Blogs

Posted on February 16, 2011
I'm pleased to let you know that earlier today I was notified that my blog has been nominated by LexisNexis as one of the Top 50 Environmental Law & Climate Change Blogs for 2011.   Here is what they sent to me:  "For the first time, the LexisNexis Environmental Law & Climate Change Community is honoring a select group of blogs that set the online standard for our practice area...

ALERT: Judge Vacates Jury Verdict in MFS Case

Posted on February 16, 2011
Earlier today, Judge Slomsky issued a 142 page decision vacating the jury verdict that had held 4 PADEP employees in the Northeast Regional Office personally liable for $6.5 million in a claim filed by MFS, Inc.  under Section 1983 of the Civil Rights Act and Pennsylvania common law...

My Trip to Marcellus Shale Country in Search of Brownfields

Posted on February 11, 2011
Last week, I went in search of brownfield properties in Marcellus Shale country.   I started in Williamsport, then drove through Mansfield, Troy, Towanda and Wyalusing.  It was an enlightening trip, including visits with Nels Taber, Ted Loy and Dan Vilello in DEP's NC regional office and with Brian Driscoll at the Central Bradford Progress Authority...

Judge Michael Krancer Named as next PADEP Secretary

Posted on January 11, 2011
Governor-elect Tom Corbett today announced that he intends to nominate Environmental Hearing Board Judge Michael Krancer, 53, of Bryn Mawr, Montgomery County, as Secretary of the Department of Environmental Protection. As most people in the Pennsylvania environmental bar know, Judge Krancer has been a Judge on the Environmental Hearing Board for almost ten years...

DRBC Releases Draft Natural Gas Development Regulations

Posted on December 09, 2010
Earlier today, the Delaware River Basin Commission (DRBC) released its long-awaited draft natural gas development regulations, which address a wide range of activities relating to Marcellus Shale exploration and production.   A copy of the regulations can be downloaded at this link...

PADEP In Holding Pattern

Posted on December 07, 2010
Since Election Day, I've been around to several PADEP regional offices and I've had numerous conversations with people in PADEP's Central Office in Harrisburg.  It seems to me that most everyone is in that wait and see mode.  Governor-Elect Corbett's first task as it relates to PADEP is to select a new Secretary...

Requiring Remediation of Chloride in Soil

Posted on October 13, 2010
I was speaking with an environmental consultant recently and he said "Joel, have you heard, PADEP is talking about requiring remediation of chloride in soil."   Apparently, the motivation is further regulation of Marcellus Shale operations and concerns over fracking fluids and potentially leaking impoundments...

Budget Cuts for EHB Are Painful

Posted on September 23, 2010
When Governor Rendell announced that only 50 state employees would need to be eliminated as a result of this year's budget hole, most of us breathed a sigh of relief.  That is, until we discovered that 3 of those 50 state employees being let go would come from the Pennsylvania Environmental Hearing Board (EHB)...

UECA Covenant Not Required When Restricting Property to Non-Residential Use

Posted on September 20, 2010
PADEP recently issued an update to its Fact Sheets on UECA which, for the first time, states that a covenant is NOT required when a remediator uses an institutional control to meet the Act 2 non-residential statewide health standard (SWHS).  You can find the revised fact sheet by going to this link and clicking on Item 4 http://www...

FracNet Targets Marcellus Trucks

Posted on September 01, 2010
PADEP issued a press release today announcing that is was partnering with the State Police on an enforcement initiative targeting trucks used by the Marcellus Shale industry.  The initiative is being called FracNet and is modeled after the successful TrashNet inspections that for years have targeted the solid waste industry...

E&S Regulations Effective November 19, 2010

Posted on August 25, 2010
For those of you who didn't read the latest edition of the PA Bulletin, the new E&S/stormwater management regulations were posted on Saturday August 21.  The PA Bulletin notice says that the new regulations become effective on November 19, 2010...

New Guidance Issued on Clean Fill

Posted on August 09, 2010
When it comes to clean fill, the world is divided into good guys and bad guys.  The good guys play by the rules and don't cut corners.  That means if something tests out as exceeding the clean fill numbers in PADEP's Management of Fill Policy, you don't try to sneak it into a Pennsylvania construction site or quarry hoping no one notices...

New Clean Fill Form

Posted on August 09, 2010
For those of you looking for a copy of the new Clean Fill form mentioned in the PA Bulletin Notice and my previous posting, it can be found using the following link: http://www.elibrary.dep.state.pa.us/dsweb/Get/Document-80812/2500-FM-BWM0008.pdf 

PADEP Releases Guidance on Permit Extensions

Posted on August 06, 2010
As required by the recently approved Fiscal Code bill (now known as Act 46), PADEP just released a Notice of Applicability  and a Guidance Document listing the permits that it thinks are covered by the statutory permit extensions.  As reported previously on this blog, the General Assembly provided relief to developers adversely effected by the recession in the form of permit extensions covering PADEP and Conservation District permit and approvals needed for construction activities...

Defending Pennsylvania's Authority over Marcellus Shale

Posted on July 22, 2010
The battle between the Commonwealth and the federal government over the right to regulate the Marcellus Shale industry in Pennsylvania has been engaged.  US EPA is now considering whether it needs to assert its own regulatory authority to protect Pennsylvania's citizens...

PADEP Permits Extended by Fiscal Code Bill Signed Yesterday

Posted on July 07, 2010
While most of the attention in Harrisburg has been on the FY2010-2011 budget, the little noticed Fiscal Code Bill, Senate Bill 1042, was voted on by the General Assembly on July 3 and signed into law by Governor Rendell on July 6.  Buried in that legislation is Article XVI-I, which grants extensions to PADEP permits issued under the Clean Streams Law, the Sewage Facilities Act, the Stormwater Management Act, and the Dam Safety and Encroachments Act for development or construction projects...

PA Budget Results in Mores Cuts for PADEP

Posted on June 30, 2010
The General Assembly is wrapping up the state budget today and the Governor expects to sign it before the close of the fiscal year tonight.  As many of you will recall, last year PADEP took an enormous hit in the budget that resulted in over 300 employees being furloughed...

Impact of the New E&S/Stormwater Regulations on Brownfield Redevelopment Projects

Posted on June 22, 2010
I've gone to a number of programs and seminars where the speakers have summarized the proposed changes to Chapter 102 relating to erosion and sedimentation (E&S) controls and stormwater management and then painted a very grim picture for the developers and home builders in the audience of the high cost of compliance...

Thank You from Mr. Act 2

Posted on June 15, 2010
The new 2010 Chambers USA Guide for Leading Lawyers for Business just came out last week and the description provided for me in the Environment - Pennsylvania section reads as follows:  "While at the Pennsylvania Department of Environmental Protection, he implemented 'Act 2", Pennsylvania's Land Recycling Act, and is now considered "the man to go to for land recycling issues: Mr...

PA House Committee Votes to Increase Solar Energy Portfolio Requirements

Posted on June 08, 2010
As reported earlier today on Dave Hess' blog, the PA House Environmental Resources and Energy Committee reported out House Bill 2405, which would, among other things, raise the solar energy mandate in the Alternative Energy Portfolio Standards from 0...

Gulf Oil Spill's Impact on Marcellus Shale Exploration in PA

Posted on June 07, 2010
Does the Gulf Oil spill have any impact on the exploration and development of the Marcellus Shale formation in Pennsylvania?  I'd have to say that it does, at least from the standpoint of wanting additional assurances regarding the technology being used to prevent blowouts and to protect groundwater and surface water from contamination...

Impact of MFS Jury Verdict on PADEP

Posted on April 23, 2010
The MFS Inc. jury verdict remains a hot topic.  I know it was a hot topic on my blog because I had 5,500 hits on the story that I posted soon after the verdict was announced.  I also received comments from a wide spectrum, with most agreeing that the jury verdict needs to be overturned or there will be a significant adverse impact on the Department's day-to-day operations...

Bombshell Decision Holds DEP Staffers Personally Liable for Civil Rights Violations

Posted on March 08, 2010
In a decision released late last week, a federal jury in Philadelphia held four PADEP staffers personally liable for a total of $6.5 million for violating Section 1983 of the Civil Rights Act and intentionally interfering with prospective contractual relations under Pennsylvania law...

Comment Period on UECA regulations

Posted on February 22, 2010
Troy Conrad, the Director of PADEP's Land Recycling Program, has told me that the proposed  regulations implementing UECA (Chapter 253) will be published in the PA Bulletin on Saturday, March 6.  The comment period will run 30 days.  I have not heard much at all from my fellow brownfield practitioners concerning the proposed UECA regulations...

More Cuts Proposed for PADEP*

Posted on January 04, 2010
According to a memorandum sent to all Department Secretaries at the close of business today, the Governor has provided a breakdown of the additional 1,000 state furloughs necessary in the event the General Assembly doesn't pass casino table games legislation...

EPA releases PA Enforcement Results for FY2009

Posted on December 30, 2009
A few days ago, EPA issued a report providing the results of its enforcement actions in FY 2009, and I would like to highlight the results for Pennsylvania.    According to EPA, the following is a summary of the federal enforcement actions taken in Pennsylvania over the last fiscal year: Region 3, Pennsylvania Civil Enforcement Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment:     Direct Environmental Benefits   Pollution Reduced, Treated or Eliminated (Pounds) (1) 2,804,447 Contaminated Soil to be Cleaned Up (Cubic Yards) 555 Contaminated Water to be Cleaned Up (Cubic Yards) 500 Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $36,665,251...

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