Pennsylvania Independent Oil & Gas Ass'n v. Commonwealth, Department of Environmental Protection
2016 Pa. Commw. LEXIS 375
Pa. Commw. Ct.2016Background
- Act 13 (2012) recodified Pennsylvania oil & gas law; Section 3215 governs well-permitting setbacks and requires DEP to consider impacts on enumerated public resources (§3215(c)) and directs EQB to promulgate criteria (§3215(e)).
- Pennsylvania Supreme Court in Robinson Township v. Commonwealth (Robinson Twp. I) held §3215(b)(4) (waiver of water-source setbacks) unconstitutional and enjoined application/enforcement of §3215(b) in its entirety.
- Robinson Twp. I also stated that §3215(c) and (e) are "incomplete and incapable of execution" "insofar as" they are part of the §3215(b) decisional process and ordered those provisions enjoined "to the extent" they implement or enforce invalidated provisions.
- After Robinson Twp. I, DEP continued to require well-permit applicants to submit a "Public Resources Form" and comply with PNDI coordination to identify and mitigate impacts on listed public resources, including threatened/endangered species and public drinking sources.
- PIOGA sued for declaratory relief, seeking judgment that DEP may not apply §3215(c) (and related forms/policies), arguing Robinson Twp. I enjoined §3215(c) entirely and that DEP lacks standards for exercising any retained authority.
- The trial court denied PIOGA’s motion and granted DEP summary relief, holding Robinson Twp. I enjoined §3215(c)/(e) only insofar as they implement or enforce the invalidated §3215(b) provisions; DEP may still consider impacts on other enumerated public resources and use §3215(c) outside the enjoined §3215(b) context.
Issues
| Issue | Plaintiff's Argument (PIOGA) | Defendant's Argument (DEP) | Held |
|---|---|---|---|
| Scope of Robinson Twp. I injunction over §3215(c)/(e) | Robinson enjoined application/enforcement of §3215(c) and (e) entirely | The injunction is limited: §3215(c)/(e) are enjoined only insofar as they implement or enforce §3215(b) | Court holds injunction is limited; §3215(c)/(e) remain effective except where tied to invalidated §3215(b) provisions |
| DEP authority to require Public Resources Form/PNDI coordination | DEP lacks authority post-Robinson to require those forms under §3215(c) | DEP retains authority under §3215(c) (and preexisting law) to require such information for non-§3215(b) public-resource considerations | Court finds DEP may continue to require the forms/policies to the extent they concern resources not dependent on enjoined §3215(b) provisions |
| Reliance on prior Oil & Gas Act (1984) or need to revert to it | PIOGA asserts no alternative supports DEP’s practices | DEP alternatively argues authority can be traced to the pre-Act 13 statute if necessary | Court did not need to resolve alternate statutory authority because it found §3215(c) still operative in part |
| Standards and constitutional concerns about unstated criteria for DEP conditioning permits | PIOGA argues lack of standards raises constitutional problems | DEP points to EQB regulatory role under §3215(e) and administrative process for review; standards issue is for administrative process/review | Court rejects facial constitutional challenge; says EQB rulemaking and administrative review are the proper forums to address standards and DEP’s exercise of discretion |
Key Cases Cited
- Robinson Township v. Commonwealth, 83 A.3d 901 (Pa. 2013) (held §3215(b)(4) unconstitutional; enjoined §3215(b) and enjoined §3215(c)/(e) insofar as they implement/enforce the invalid provisions)
- Huntley & Huntley, Inc. v. Borough Council of Borough of Oakmont, 964 A.2d 855 (Pa. 2009) (discusses interaction of state oil-and-gas statute and local zoning on well-site location)
- Ario v. Reliance Ins. Co., 980 A.2d 588 (Pa. 2009) (stare decisis principle: apply precedent to similar matters)
- Walnut St. Assocs., Inc. v. Brokerage Concepts, Inc., 20 A.3d 468 (Pa. 2011) (intermediate courts must follow Supreme Court mandates)
- Canonsburg Gen. Hosp. v. Dep’t of Health, 422 A.2d 141 (Pa. 1980) (administrative processes and appellate review appropriate forums to challenge agency action)