clients might receive. The court’s warnings to plaintiffs’ counsel “were not heeded, and the seeds sown by this trial conduct now bear a bitter fruit for the plaintiffs.” The parties were ordered to engage in a settlement conference and provide a joint status report on or before June 5, 2017.
Pennsylvania Adopts New Hydraulic
Fracturing Rules Effective October 8, 2016, the new regulations were developed to comply with the state’s 2012 Oil and Gas Act according to The Pennsylvania Department of Environmental Protection (DEP). Under the new rules, DEP is allowed to require additional protective measures for drilling that will take place near school property and playgrounds, parks, forests and other public resources. Well operators must demonstrate that well site locations within 100 feet from a watercourse or body of water or wetland larger than one acre will be protected. Restoration or replacement to Safe Drinking Water Act standards is required if a water supply is degraded or damaged through fracking. Prior to hydraulic fracturing, operators will be required to identify abandoned, orphan, active and inactive wells within 1,000 feet of a vertical and horizontal wellbore. The Marcellus Shale Coalition has filed a lawsuit asking Commonwealth Court to halt implementation of several provisions of the new rules. The DEP is also facing a legal challenge brought by the Pennsylvania Independent Oil and Gas Association in regard to the public resource protections in the rules.
About the Authors:
W. Henry Lawrence Member, Steptoe & Johnson PLLC Hank Lawrence focuses his practice on energy and environmental litigation. He represents clients before federal, state, and appellate courts and administrative agencies
in civil, criminal, and penalty proceedings. In addition, he provides client counseling and advice in permitting, compliance, and transactional matters involving energy and environmental statutes and regulations. Mr. Lawrence is Head of the firm’s Litigation Department.
Amber M. Moore Associate, Steptoe & Johnson PLLC Amber Moore practices in the areas of energy and general litigation. Ms. Moore has experience in defending
clients in land use, professional liability, medical malpractice, and construction litigation matters. She has also assisted clients with obtaining mineral leasing rights.
Lauren K. Turner Associate, Steptoe & Johnson PLLC Lauren Turner focuses her practice in the area of energy litigation and represents the interests of energy companies, particularly from the oil and natural gas industry, in state and
federal court. In addition to trial experience in energy- related litigation and condemnation, she assists oil and natural gas producers with legal issues that arise in all phases of exploration and production.
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N a t i o n a l A s s o c i a t i o n o f D i v i s i o n O r d e r A n a l y s t s
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