Pennsylvania Has the Laws and the Experience to Develop the
Marcellus Shale
Pittsburgh Post-Gazette
20 January 2010
By Jonathan E. Rinde
The discovery of vast reserves of natural gas contained within the
Marcellus Shale formation deep within Pennsylvania's geology has been
in the news, with some questioning whether Pennsylvania can manage and
regulate the exploration and production of natural gas in a manner
which protects the commonwealth's natural resources. There are several
reasons to believe Pennsylvania can properly balance both of these
interests.
By some estimates, the natural gas reserves found in the Marcellus
could heat all of the homes in the United States for 16 years. In that
respect, tapping into the natural gas within the Marcellus is an
important component of any plan to move the United States toward energy
independence.
Natural gas is a clean-burning fuel, with less than half the carbon
dioxide emissions as coal. For that reason, the natural gas trapped
within the Marcellus Shale provides a potential "bridge fuel" on the
lengthy path to a renewable, carbon-free economy.
However, while the national-interest case may not be debatable, the
issue is whether natural gas from the Marcellus Shale can be brought to
market by methods that are compatible with Pennsylvania's environmental
laws and regulations.
Pennsylvania has a vast array of environmental laws that apply to the
exploration and production of natural gas and the state Department of
Environmental Protection has reconfirmed its intention to enforce them.
For example, the state has announced its intention to apply the
provisions of the residual waste rules in order to regulate aspects of
gas exploration and has increased the scope of its permitting authority
to regulate the discharge of storm water from Marcellus Shale gas
operations.
The state's regional water basin commissions also are playing an
important role in reviewing projects, issuing permits and enforcing the
requirements that apply to the construction and operation of these
facilities.
Beyond the federal laws that affect natural gas exploration and
production, these purely Pennsylvania-specific environmental laws and
regulations provide the state with considerable authority to properly
control the environmental aspects of Marcellus Shale operations in a
manner that is unlike any other state in the union.
Several of Pennsylvania's environmental laws date back to the early
1900s, when the exploited energy reserve in Pennsylvania was coal and
oil. The state has come a long way since then.
In all instances, the commonwealth's environmental laws provide for
citizen input, in the review of new regulations and draft permits. If
public participation and input during theses stages of the process is
perceived to be insufficient, agency decisions can be appealed and
citizen environmental lawsuits may be initiated where there is a
concern that the state has failed to implement the environmental laws
properly.
Recent enforcement actions by the Pennsylvania Department of
Environmental Protection against those involved with the exploration of
natural gas, and lawsuits brought by citizens and nonprofit
environmental groups alleging actual or potential environmental harm
resulting from certain natural gas operations in the state, have
demonstrated the vitality of this important aspect of Pennsylvania's
environmental regulatory environment.
As Pennsylvanians begin to realize the importance of the Marcellus
Shale's natural gas to national energy independence and the state's
economy, there will be increased pressure to tap these reserves. And
with this pressure to exploit the Marcellus Shale, there is a
perception that Pennsylvania's abundant natural resources could be
threatened.
But Pennsylvania is not new to energy exploration, and its
state-specific environmental laws provide a framework for the state,
and its citizens, to make sure that this new economic engine for
Pennsylvania's economy will not spoil our environment.
Jonathan E. Rinde is a partner with Manko, Gold, Katcher & Fox,
LLP, an environmental and energy law firm based in Bala Cynwyd.