Judge Rules in Favor of Forest Service
A judge has ruled that a preliminary injunction ordering the US Forest Service to resume processing drilling notice for the Allegheny National Forest did not give drillers the right to use surface or groundwater for fracking.
Under Pennsylvania law, the federal government does not have the right to block the mineral owner's access to the minerals, but a 1980 federal court decision and U.S. District Judge Sean McLaughlin's 2009 decision give the agency some limited control on how the gas companies drill inside the forest.
The Pennsylvania oil and gas industry had asked McLaughlin to find the agency in contempt because it is banning the use of the water and also taking more than 60 days to process the notices.
In denying the motion, McLaughlin said neither the 1980 ruling nor his 2009 decision addressed water rights in the forest.
On the second point, McLaughlin said the industry didn`t provide clear and convincing evidence the agency is deliberately dragging its feet. He added that the Forest Service presented credible evidence that at least some of the delays are caused by companies failing to file all the information required in the notice.
The news leader of the Twin Tiers ...
since 1947
Under Pennsylvania law, the federal government does not have the right to block the mineral owner's access to the minerals, but a 1980 federal court decision and U.S. District Judge Sean McLaughlin's 2009 decision give the agency some limited control on how the gas companies drill inside the forest.
The Pennsylvania oil and gas industry had asked McLaughlin to find the agency in contempt because it is banning the use of the water and also taking more than 60 days to process the notices.
In denying the motion, McLaughlin said neither the 1980 ruling nor his 2009 decision addressed water rights in the forest.
On the second point, McLaughlin said the industry didn`t provide clear and convincing evidence the agency is deliberately dragging its feet. He added that the Forest Service presented credible evidence that at least some of the delays are caused by companies failing to file all the information required in the notice.
The news leader of the Twin Tiers ...since 1947
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