Pennsylvania Commonwealth Court Enjoins Selected Provisions of Recently-Promulgated Oil and Natural Gas Regulations

Megan Haines and Kathleen Ryan authored "Pennsylvania Commonwealth Court Enjoins Selected Provisions of Recently-Promulgated Oil and Natural Gas Regulations" for Buchanan's Knowing Energy Law blog.

On November 8, 2016, the Pennsylvania Commonwealth Court issued an opinion (78a Injunction) enjoining eight provisions (or portions thereof) of the newly-promulgated unconventional oil and natural gas regulations found at 25 Pa. Code Chapter 78a (Chapter 78a).  The effected provisions relate to the Pennsylvania Department of Environmental Protection’s (DEP) regulation of so-called public resources, area of review monitoring and remediation requirements, onsite processing, impoundments and site restoration. Relying largely upon the possible harms to the industry while it reviews MSC’s lawsuit challenging certain provisions contained in Chapter 78a, the Commonwealth Court’s  injunction precludes DEP from enforcing certain Chapter 78a provisions until it issues a later ruling on the legality of those and other provisions. The injunction represents a victory for the Marcellus Shale Coalition (MSC) and the natural gas industry, which have voiced significant concerns impact of the challenged regulations on industry operations.