This section provides access to laws and policies affecting Marcellus drilling and gas distribution.
At the national level, federal laws and the ways that they are implemented by agencies like the Environmental Protection Agency are provided.
- United States Environmental Protection Agency
- Citizens Voice (Wilkes-Barre, PA)
- Congressional Research Service: Unconventional Gas Shales: Development, Technology and Policy Issues
- United States Department of Energy: May 5, 2011 press release from Secretary of Energy Steven Chu announcing creation of a subcommittee to provide best practices for safety and environmental protection for hydrofracking and listing committee members
- Federal Energy Regulatory Commission: link to agency homepage on federal statutes pertaining to energy
- "Shale Gas: Applying Technology to Solve America's Energy Challenges" a brochure recently issued by the National Energy Technology Laboratory of the U.S. Department of Energy provides an excellent overview of shale gas drilling, technology and its applicability to national energy policy
- Interstate Oil and Gas Compact Commission:
- "History of Litigation Concerning Hydraulic Fracturing to Produce Coalbed Methane" by S. Marvin Rogers, Chairman, IOGCC Legal and Regulatory Affairs Commitee (January 2009)
- Pipeline Safety Trust: link to federal, state, international pipeline safety laws and regulations
- NaturalGas.org by the Natural Gas Supply Association: link to Natural Gas Regulations information page
State laws will focus on Pennsylvania, but we will include laws of adjoining states for reference. The policies of state agencies like the Pennsylvania Department of Environmental Protection (DEP), Department of Conservation and Natural Resources (DCNR), the Fish and Boat Commission (FBC), and the Pennsylvania Game Commission (PGC) will be listed.
Constitution of the Commonwealth of Pennsylvania
Article I, Declaration of Rights, Section 27, Natural Resources and the Public Estate:
The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania's public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.
Governor's Marcellus Shale Advisory Commission
- Click here to download and read the IEER's October 14, 2011 Policy Brief on Governor Corbett's October 3, 2011 legislative and policy recommendations to implement key recommendations of the Governor's Marcellus Shale Advisory Commission
- Governor Corbett's October 3, 2011 legislative and policy recommendations to implement key recommendations of the Governor's Marcellus Shale Advisory Commission
- Marcellus Shale Advisory Commission Final Report (July 22, 2011)
- "Draft Recommendations Shed Light on Shale Commission Workings," July 26, 2011, Citizens Voice, Wilkes-Barre, PA
- "Shale Report Released to Public," July 23, 2011, Citizens Voice, Wilkes-Barre, PA
- "Shale Panel Recommends Generic Impact Fee," July 16, 2011, Citizens Voice, Wilkes-Barre, PA
- Governor Tom Corbett's Executive Order Creating a "Marcellus Shale Advisory Commission" (March 2011)
- Pennsylvania Public Utility Commission
- Click here to go to the PUC website page providing information on Act 127, the Gas and Hazardous Materials Pipeline Act of 2011
- Citizens Voice, Wilkes-Barre, PA
- "Marcellus Impact Fee Bill Wins Final Approval" (February 9, 2012)
- "Well Safety Bill Heads to Governor" (January 19, 2012)
- "A Standalone Marcellus Bill Moving to Passage" (January 17, 2012)
- "New Law Paves Way for More Pipleline Inspectors" (January 16, 2012)
- "Impact Fee Will Have to Wait Until 2012" (December 19, 2011)
- "Well Setbacks Issue With Marcellus Impact Fee Bills" (November 28, 2011)
- "Municipal Officials Oppose Loss of Local Drilling Rules" (November 15, 2011)
- "Lt. Gov. Cawley Calls for Improvements to Drilling Regulations" (August 25, 2011)
- "State Sen. Blake Bill Addresses Gas Mortgage Issue" (August 16, 2011)
- "Chesapeake Energy Sues Wyoming County Over Lease Records" (July 30, 2011)
- Times-Tribune (Scranton, PA)
- "New Bills Address Digging Near Gas Pipelines" (August 29, 2011)
- Widener University School of Law, Environmental and Natural Resources Law Clinic: A Citizens' Guide to Legal Issues of Marcellus Shale Gas Drilling
- Pennsylvania State University, Dickinson School of Law : link to list of Pennsylvania court cases that impact the Marcellus Shale development
- PA Department of Transportation (PENNDOT): Transportation Impact Fees A Handbook for Pennsylvania's Municipalities
At the regional level, we will list policies of the Susquehanna River Basin Commission (SRBC) and the Delaware Basin River Commission (DRBC) as they relate to water use and wastewater production by Marcellus drilling.
- Susquehanna River Basin Commission White Paper: Accomodating a New Straw in the Water: Extracting Natural Gas from the Marcellus Shale in the Susquehanna River Basin
- Delaware River Basin Commission: Draft Natural Gas Development Rules
- January 3, 2012: "Leaseholder Group Calls for End to DRBC Delays" (Citizens Voice, Wilkes-Barre, PA)
At the county and local levels, we will give access to regulations that are in place for each county and municipality in northeastern Pennsylvania for which laws are present.
- County-Level Natural Gas Task Forces:
- Link to a list of Pennsylvania County Natural Gas Task Forces by County (From Penn State Cooperative Extension)
- Pennsylvania State Association of Township Supervisors
- Penn State Cooperative Extension: PA Commonwealth Court Upholds Fayette County Zoning Ordinance (August 2010)
- Article: Court Limits, But Did it Preclude Municipal Regulation of Natural Gas Drilling Operations? By George Asimos (Feb 2009)
- Article PA Supreme Court Decision Opens Valves to Zoning Power Over Natural Gas Production by George Asimos (Feb 2009)
- Pennfuture: Memorandum on the two recent PA Supreme Court cases on municipal zoning/planning for drilling
- Citizens Voice:
- "Impact Fee Proposal Addresses Zoning" (May 8, 2011)
- "Back Mountain Municipalities Update Zoning Ordinances" (April 11, 2011)
We will provide links to emerging legislation and commentary regarding the legislative process and the degree to which laws interact and effectively deal with Marcellus impacts.
A variety of educational institutions and public policy organizations may recommend new laws and policies that affect drilling in the Marcellus Shale:
- Environmental Working Group
- December 2011 report, "Drilling Doublespeak" examining differences in risk disclosure made to investors and to landowners in the shale gas development land leasing process
- Duke University Center for Global Change:
- May 2011 white paper: "Research and Policy Recommendations for Hydraulic Fracturing and Shale Gas Extraction" by Robert B. Jackson, et. al.
- From the Times Leader newspaper in Wilkes-Barre, PA:
- "Gas Exports Show Need for Energy Policy" by Ron Bartizek (October 16, 2011)