Monthly Archives: April 2017

Commonwealth Court Opens Brief Window for Impact Fee Refund

On March 29, 2017, the Commonwealth Court of Pennsylvania issued a decision in Snyder Brothers, Inc. v Pennsylvania Public Utility Commission, No. 1043 C.D. 2015, reversing and rejecting the PUC’s interpretation of the obligation to pay impact fees under Act 13 for a low producing or “stripper” well, which is defined as an “unconventional gas… Read More »

What EPA Regulation Do You See as Warranting Repeal, Replacement, or Modification?

On March 24, 2017, EPA Administrator E. Scott Pruitt circulated a memorandum to the Acting Deputy Administrator, General Counsel, Assistant Administrators, Inspector General, Chief Financial Officer, Chief of Staff, Associate Administrators, Regional Administrators, and the Director, Office of Small and Disadvantaged Business Utilization. 

PADEP Sues Townships Over Fracing Bans

On the same day it issued permits authorizing two energy companies to dispose of oil and gas wastewater in underground injection wells, the Pennsylvania Department of Environmental Protection (PADEP) filed a petition for review in Commonwealth Court challenging two townships for attempting to restrict unconventional gas operations.  In asking the court to enjoin the townships… Read More »

EPA Announcement of Review of the Clean Power Plan

As one might have expected from the former Attorney General for the State of Oklahoma, EPA Administrator Scott Pruitt’s announcement of review of the Clean Power Plan is laced heavily with legal issues.  EPA announced on April 4, 2017, its intent to review the CPP consistent with President Trump’s Executive Order on Energy Independence.  The… Read More »

Environmental Activism and Social Protests – Is the Truth Dead?

In a country so divided on so many issues and with so much information available from so many sources it is hard to discern fact from fiction.  The recent revelations by and about “fake news” mongers, who populate the internet with misinformation, either for fun, profit or to advance their own cause, should not surprise… Read More »

State Department Approval of Keystone XL Gives False Sense of Pipeline’s Regulatory Finality

“I’ll call Nebraska.”  That was President Trump’s answer when a reporter questioned the regulatory finality of the Keystone XL (‘KXL’) pipeline.  With the issuance of the State Department’s permit for cross-border construction, TransCanada finally received the federal permission it needs to complete KXL’s northernmost section.  This authorization has been ten years in the making.  What… Read More »