The Pennsylvania Independent Oil & Gas Association on June 12 filed legal action with the Pennsylvania Supreme Court to enforce portions of the court’s ruling on Act 13, asking the court to stop the state Department of Environmental Protection (DEP) from requiring well permit applicants to comply with certain provisions of Act 13 the court found unconstitutional and unenforceable in its December 2013 decision.

“The Supreme Court made clear in its Act 13 ruling that specific well permitting requirements in Section 3215 of the Act were unconstitutional, and denied the department’s request for reconsideration of that decision in February 2014,” said PIOGA General Counsel Kevin J. Moody. “It is unfortunate that PIOGA has had to take this action, but court decisions apply to government agencies in the same way they apply to others, and DEP has ignored the fact that the Supreme Court invalidated and enjoined nearly all provisions of Section 3215 in its decision on Act 13.  Requiring a government agency to obey the law, just as the agency requires others to obey laws it administers, is a win for all citizens and the rule of law.

“DEP cannot continue to require our industry to comply with these invalidated and enjoined provisions without obtaining authorization from the General Assembly,” added Moody.  “In the meantime, however, DEP has simply ignored the court’s determination and is using the Section 3215 decisional process as if the court’s ruling does not exist.  This has forced PIOGA to take action on behalf of its members and the industry to ask the court to enforce its injunction.”

The Pennsylvania Supreme Court invalidated and enjoined several provisions of Section 3215 in its decision on Act 13, including those related to the department’s consideration of impacts on certain identified public resources.  DEP has continued to apply those requirements in the well permit application process, despite both the judgment of the court and the court’s denial of the department’s request that the court reconsider its invalidation of these specific provisions.

Moody emphasized that existing laws and permitting requirements are more than adequate to fully protect the statutorily designated public resources outside the well permitting decisional process, and the industry will continue to comply with those laws.  “Natural gas developers protect public resources through voluntary measures as well as by complying with provisions of federal laws that protect threatened and endangered species, and state laws administered by the Department of Conservation & Natural Resources, Fish and Boat Commission and Game Commission,” Moody said.

Copies of PIOGA’s filings can be found here: