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Court OKs Drilling In PA Parks, Forests; Appeal Planned

An environmental group plans to appeal a court ruling that upheld the leasing of public lands for gas and oil drilling. Commonwealth Court rejected a 2012 lawsuit by the Pennsylvania Environmental Defense Foundation seeking to halt drilling in state parks and forests and diverting revenues from a conservation fund to the general operating budget.

Eight months after Gov. Tom Corbett lifted a ban on gas drilling in state parks and forests, Commonwealth Court found the governor cannot override the Department of Conservation and Natural Resources'  leasing decisions, but upheld the legislature’s right to use royalty monies to balance the budget.

Plaintiff Pennsylvania Environmental Defense Foundation (PEDF) challenged the constitutionality of allowing the governor to override the DCNR’s  leasing decisions. In its Wednesday ruling, the court upheld the DCNR’s final decision making authority.  

“Our argument is that our natural resources are protected by the constitution, and the constitution was written by the people of the commonwealth,” said PEDF attorney John Childe. “And it’s the people’s determinations in the constitution that should provide the protection, not the elected officials. Elected officials are subject to politics.”

Childe says the court decision is not strong enough to protect state lands and he intends to appeal to the Pennsylvania Supreme Court.  Patrick  Henderson, Energy Executive for Gov. Tom Corbett, said the governor had no plans to override the DCNR.

“I think what the court did there is the court looked at the statutory language, which is that the DCNR has the ability to enter into leases, not the governor’s office,” Henderson said. “Historically, that’s’ how it’s always been.”

However, the DCNR secretary is appointed by the governor, and and the department receives some of its budget from revenues from drilling leases.

Since then-Gov. Ed Rendell allowed Marcellus Shale drilling on some public lands between 2008 and 2010, there have been no new leases issued. In May, Corbett announced plans to open select public lands to farther leasing, as long as drilling could be done horizontally from wellheads on privately-owned land to reduce impact. The state Legislature estimated that royalties from new leases could bring $95 million for the annual budget.

"It (court ruling) really provides clarity," said Travis Windle, spokesman for the industry group Marcellus Shale Coalition.  

He said the decision is an "affirmation" of the drilling policy started during the Rendell administration.

"We're sure hopeful and optimistic that the commonwealth can continue to responsibly make lease agreements from subsurface developments moving forward," Windle said.

When announcing his plans, Corbett claimed “future royalties from these leases will be dedicated to expanding our system by acquiring lands with high conservation value and ecological importance, purchasing privately-held subsurface rights for existing DCNR lands and improving state parks and forests,” according to a news release from his office.

But Childe said the issue is much murkier.

Before the boom in Marcellus Shale drilling, Childe said, funds from leases were used exclusively for conservation projects. Now, the money goes into a general fund to be divvied up by the legislature for education funding and to pay DCNR salaries, among other things. According to the PEDF, spending lease money on anything other than direct conservation works was unconstitutional under the environmental amendment to PA’s constitution.

“What the court said is, that’s a legitimate legislative function,” Henderson said.And your recourse is to go and make your case before the legislature on how the money would be spent.”

Gov.-elect Tom Wolf has promised to reinstate the ban on additional drilling in state parks and forests. Wolf takes office  Jan. 20.