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PADEP Appeals Chapter 78a Injunction to PA. Supreme Court

On December 6, 2016, the Pennsylvania Department of Environmental Protection requested that the state’s Supreme Court overturn a Commonwealth Court Order enjoining parts of Chapter 78a. Chapter 78a contains the Commonwealth’s new environmental performance standards for unconventional oil and natural gas development. On November 8, 2016, the Commonwealth Court temporarily enjoined key provisions of Chapter 78a, including provisions relating to public resource agencies, area of review and well monitoring, well development impoundments, and well site restoration. The Chapter 78a regulations were published as final in the October 8, 2016 Pennsylvania Bulletin and challenged in Commonwealth Court on October 13, 2016 by the Marcellus Shale Coalition, a trade association based in Pittsburgh.