PA gas permits challenged

Chesapeake Bay Foundation takes action

By FRITZ MAYER

NORTHEAST — A not-for-profit environmental group whose mission is to protect and restore the Chesapeake Bay is challenging two permits issued by Pennsylvania related to gas drilling. The permits were granted by the PA Department of Environmental Protection (DEP) and are related to drilling and pipeline construction in Tioga County.

The project is hundreds of miles away from the bay, but water from streams and creeks in the area eventually make their way to the bay via the Susquehanna River.

The Chesapeake Bay Foundation (CBF) issued a press release on August 27, which attacked the DEP’s permitting process. “Instead of protecting the environment, DEP is rubber stamping permit applications without any formal review,” said CBF’s Pennsylvania executive director Matt Ehrhart. “Wild trout streams and their tributaries and exceptional value wetlands that should receive extra protection under the law are at risk due to the lack of thorough DEP oversight.”

CBF is especially critical of the move in March whereby the state removed oversight authority from some gas-related activities from the county conservation districts and shifted all oversight authority related to gas drilling to the DEP.

The shift drew wide criticism at the time from managers of conservation districts across the state, including those in Wayne and Pike counties. CBF Pennsylvania staff attorney Matthew Royer said the position of the organization is that the DEP should restore authority to the conservation districts regarding oversight of some areas related to gas drilling.

When authority was removed from the conservation districts, with no notice to the public, the state, at the same time, created an expedited review process for permits that Royer said doesn’t allow for public input in the process or meaningful agency review. He said of the process as it now exists, “They just make sure the paperwork is there and that’s about it. There’s no technical review or detailed analysis by any environmental professional to make sure that erosion sediment control features are the way they should be on the sites to control erosion and storm water runoff.”

Additionally, Royer said that the position of CBF is that Pennsylvania officials should also do what has already been done in three dozen other states, institute a gas severance tax. Royer said, “Some of that money could be sent back into the local communities to offset any environmental impacts that do occur from the drilling.”

The permits in question were issued to Fortuna Energy, Inc. and Ultra Resources, Inc. The appeals will be heard by the Pennsylvania Environmental Hearing Board. Any decision by that board can be appealed to the Pennsylvania Supreme Court.